Nevada Governor Joe Lombardo signed A.B. 197 into law on May 29, marking a major step forward for privacy rights in the Silver State. The bill, which received overwhelming bipartisan support in the Nevada Legislature, prohibits rogue state agencies from weaponizing the powers of their office to chill free speech and violate the privacy rights of nonprofit organizations and their supporters.

Specifically, A.B. 197 prohibits state agencies from unlawfully demanding or disclosing the names, addresses, and other personal information of nonprofit members, donors, and volunteers. Since 2018, 20 other states have adopted similar laws based on a model policy developed by People United for Privacy Foundation, amidst a growing awareness of the dangers of nonprofit donor disclosure.

“Americans are fed up with the abuse of their privacy and First Amendment rights. No one should face threats, doxing, or retaliation simply for supporting a nonprofit organization,” said Heather Lauer, CEO of People United for Privacy Foundation, a national privacy rights organization.

The size and diversity of the coalition supporting A.B. 197 turned heads in the Nevada Legislature. The bill, which was co-sponsored by Democratic Assemblywoman Shea Backus and Republican Assemblyman Greg Hafen, the lower chamber’s Minority Floor Leader, passed 41-1 in the Assembly and 21-0 in the Senate. It was supported by a wide range of nonprofits active in Nevada, including groups who usually disagree on issues before the legislature.

Organizations that supported the bill include the ACLU of Nevada, All Voting is Local, Americans for Prosperity, Battle Born Progress, Eagle Forum, the Libre Initiative Nevada, Nevada Families for Freedom, Nevada Policy, Nevada Republican Party, Nevada Right to Life, New Day Nevada, One APIA Nevada, Planned Parenthood Votes Nevada, Silver State Equality, Silver State Voices, Southwest Gas, and United Way.

“A.B. 197 protects an individual’s right to organize, make charitable donations, and join nonprofit groups without having those personal decisions publicized or weaponized by the government, regardless of viewpoint. It’s the basis of our nation. This is First Amendment rights,” said Melissa Clement, President of Nevada Right to Life at a February hearing on the legislation.

“It’s a day of firsts,” added Caroline Mello Roberson from Planned Parenthood Votes Nevada, remarking on how unusual it is to see her organization on the same side of an issue as Nevada Right to Life.

“Just this past December, a former colleague had her personal information leaked on Truth Social, including her family’s phone numbers and addresses. Her father received hateful calls telling him his daughter should have been aborted, forcing him to change his number. My former colleague had to relocate out of fear for her safety,” explained Jenna Vella of Battle Born Progress.

“At the end of the day, the privacy of nonprofit staff members, volunteers, and donors should be respected and protected. I want to thank Assemblymember Backus for A.B. 197 to strengthen what is already in our Constitution – the freedom of association, freedom of speech, and rights to privacy. This is something proactive, preventive, and also peace of mind for those of us… who call this great state home and [are] doing what we can to make it better,” said Eric Jeng of One APIA Nevada, an organization that represents Asian Pacific Islander Americans.

Nonprofit donor privacy is protected under the First Amendment of the U.S. Constitution. In 2021, the U.S. Supreme Court struck down a demand from former California Attorney General Kamala Harris for all nonprofits to surrender their donor lists to state officials. Several additional states then followed California’s lead. Fortunately, the Supreme Court ruled that California’s policy and those like it were an unconstitutional violation of the right to freedom of association.

In its AFPF v. Bonta opinion, the Court highlighted the hundreds of nonprofit organizations that joined together to support nonprofit privacy protections like those enshrined by A.B. 197: “The gravity of the privacy concerns in [the disclosure] context is further underscored by the filings of hundreds of organizations as amici curiae in support of the petitioners. Far from representing uniquely sensitive causes, these organizations span the ideological spectrum, and indeed the full range of human endeavors: from the American Civil Liberties Union to the Proposition 8 Legal Defense Fund; from the Council on American-Islamic Relations to the Zionist Organization of America; from Feeding America – Eastern Wisconsin to PBS Reno. The deterrent effect feared by these organizations is real and pervasive…” A similarly diverse nonprofit coalition emerged to back A.B. 197 in Nevada.

Legal precedents protecting donor privacy date back to the Civil Rights Movement. In the 1950s, officials in Jim Crow states sought to shut down advocacy organizations like the NAACP by forcing them to expose their members’ identities and addresses. The Supreme Court ruled emphatically – and unanimously – against that practice in 1958’s NAACP v. Alabama decision.

“It is hardly a novel perception that compelled disclosure of affiliation with groups engaged in advocacy may constitute as effective a restraint on freedom of association as [other] forms of governmental action,” the Court wrote.

To this day, however, many state and federal officials seek to expose and harass the supporters of organizations that criticize their agendas or take contrary positions on public policy issues. A.B. 197 ensures rogue agencies and officials cannot violate the Court’s rulings and the First Amendment rights of citizens without paying a significant penalty. It offers proactive protection to critical privacy rights that have too often been left vulnerable.

Nevada is the first state to pass the law in 2025. Colorado, Georgia, and Nebraska passed the law in 2024. A similar proposal is currently under consideration in North Carolina.

At a time of rising polarization and political violence, A.B. 197 offers an essential layer of protection for Nevadans’ core civil liberties. Congratulations are due to Governor Lombardo, Assemblywoman Backus, Assemblyman Hafen, and the entire Nevada Legislature and nonprofit community for taking commonsense and sorely needed action to protect all Nevadans’ privacy and First Amendment rights.