Supreme Court Preview: Center for Competitive Politics v. Harris
The First Amendment and State Regulation of Charities
The First Amendment and State Regulation of Charities
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Next month, the U.S. Supreme Court will decide whether to take the case of Center for Competitive Politics v. Harris. This case is an important one that will help determine the degree to which the First Amendment protects freedom of association, and the degree to which state governments can demand production of a non-profit’s donor list. Groups from the right, left and middle have filed amicus briefs in support of the petition.
In this case, Kamala Harris, the Attorney General of California, is requiring the Center for Competitive Politics, a 501(c)(3) public interest organization that engages in free speech advocacy and no political advocacy, to surrender an unredacted copy of its donor list to her office for the privilege of being allowed to solicit citizens of California for charitable donations.
CCP sought a preliminary injunction, and was denied by the District Court. The denial of the injunction was affirmed by the Ninth Circuit. CCP is maintaining a website about the case, including copies of all of the court filings here: http://www.campaignfreedom.org/litigation/current-litigation/ccp-v-harris/
If the Supreme Court decides to hear the case, it will be the first case in some time where the Court wrestles with the issue of disclosure of member and donors lists outside of the campaign finance context essentially since NAACP v. Alabama, 357 U.S. 449, 460 (1958).
Partner, Holtzman Vogel Baran Torchinsky & Josefiak PLLC
Jason Torchinsky is a partner at Holtzman Vogel Josefiak PLLC, specializing in campaign finance, election law, lobbying disclosure and issue advocacy groups. Politico recently named him one of the “50 Politicos to Watch,” and in 2007, Campaigns and Elections Magazine named him a “Rising Star of Politics.”
In addition to his practice counseling clients on compliance with campaign finance, ethics laws, lobbying disclosure and election laws, Mr. Torchinsky has served as lead counsel in a number of litigation matters. Representative matters in the redistricting area include Louisiana House of Representatives v. Holder (D.D.C.) (Section 5 pre-clearance action), City of Sandy Springs v. Holder (D.D.C.) (Section 5 bailout action), and Fletcher v. Lamone (D. Md.) (challenging Maryland’s Congressional Districting map). In the campaign finance context, he is currently representing clients in Alliance for America’s Future v. State (Nevada Supreme Court) and Van Hollen v. Federal Election Commission (D.D.C.) (Representing intervenor defendants). He has also represented Virginia candidates in recounts and voter registration challenges before various Virginia Circuit Courts.
Mr. Torchinsky frequently lectures on campaign finance redistricting and ethics related subjects and provides commentary to the media on election related matters.
Prior to joining the firm, Mr. Torchinsky was Counsel to the Assistant Attorney General for the Civil Rights Division at the United States Department of Justice. During the 2004 election cycle, he served as Deputy General Counsel to Bush-Cheney ’04 and Deputy General Counsel to the 2005 Presidential Inaugural Committee.
He holds a B.A. in Government and Public Policy from the College of William and Mary and a J.D. from the College of William and Mary School of Law. He is a member of the Virginia Bar, the District of Columbia Bar, the Republican National Lawyers Association and the Federalist Society.