So to Speak: The Free Speech Podcast Ep. 258: Donor disclosure and campaign finance at SCOTUS
Nov 25, 2025
Brad Smith, former Federal Election Commission chairman and now at the Institute for Free Speech, joins Brett Nolan, a senior attorney from the same institute, to delve into pivotal Supreme Court cases on donor disclosure and campaign finance. They discuss the significance of donor privacy, warning against the chilling effect of public disclosure. The duo also critiques limits on party spending, arguing money is a form of speech. Their insights shed light on the future legal landscape for campaign finance, emphasizing the importance of protecting First Amendment rights.
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NAACP Precedent Protects Donor Privacy
- NAACP v. Alabama provides a long-standing precedent protecting donor privacy where disclosure would enable harassment.
- Protecting anonymous association preserves participation by those unwilling to face retaliation.
Challenge Chilling Subpoenas Early
- Plaintiffs should press federal pre-enforcement suits when subpoenas threaten immediate chilling of speech or association.
- Courts must assess whether an unforced but threatened disclosure already chills donors and justifies early relief.
Privacy Enables Broader Civic Participation
- Donor disclosure can lead to harassment, boycotts, or violence that deters people from supporting controversial causes.
- Protecting anonymous giving ensures moderate and risk-averse voices remain part of public debate.