Attorney General Brenna Bird Leads 18 States in Protecting First Amendment Rights Against IRS Overreach

DES MOINES—Attorney General Brenna Bird announced today that she led a coalition of 18 states to push back against IRS overreach and defend Iowan’s first amendment rights. 

The IRS has mandated that all federally recognized charities report their major donors to the IRS annually. But between 2010 to 2022, those donor lists have been hacked and leaked more than a dozen times, putting donors’ privacy at risk. The Buckeye Institute sued the Biden Administration IRS in 2022 to protect the interests and right of free association of their donors. A favorable ruling in this case will protect Iowans who want to donate to their church or other charitable causes without fear of public scrutiny.  

Iowa and the other states recognize that sometimes the IRS needs donor information—for example, if investigating alleged fraud. If it does, the IRS can ask for that information—exactly what all 50 states do when investigating potential problems with charities. But the IRS’s blanket regulation oversteps and puts Iowans’ First Amendment rights at risk. The coalition’s brief supports the right of non-profits to keep donor lists confidential unless there is suspicion of wrongdoing and to preserve the states’ role of primary oversight.   

“Iowans should have the ability to donate to and associate with organizations of their choice without fear of having their privacy exploited or their first amendment protections undermined,” said Attorney General Bird. “We're asking the Court to stop this overreach and rule in favor of The Buckeye Institute.” 

The Iowa-led brief was joined by the attorneys general of Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Kentucky, Louisiana, Missouri, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, and West Virginia.  

Read the full brief here. 

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For More Information:

Jen Green 

jen.green@ag.iowa.gov