Arizona’s Speech-Suppressing Prop 211 Challenged in State Court

December 15, 2022

In October, People United for Privacy warned that Arizona’s Prop 211 would create “an unprecedented chill on speech about government and social causes that would harm all Arizonans, regardless of their beliefs.” On December 15, a group of Arizona nonprofits challenged the law’s unconstitutional requirements in a civil rights lawsuit filed in state court. The groups argue, among other claims, that Prop 211 violates the free speech and privacy protections of the Arizona Constitution by forcing nonprofits that speak about government to publicly reveal personal information about their supporters.

“Terry Goddard’s campaign to muzzle dissent was boosted by a wave of misinformation, but courts should see Prop 211 for what it is. This law is not about ‘dark money’ in elections. It’s about politicians tracking support for nonprofits that hold government accountable and regulating speech about issues during the heart of the legislative session,” said Heather Lauer, Executive Director of People United for Privacy Foundation.

The lawsuit was brought by the Phoenix-based Goldwater Institute on behalf of the Center for Arizona Policy, Arizona Free Enterprise Club, and two unidentified donors. The Goldwater Institute announced the lawsuit in a press release.