The Arizona Supreme Court has handed the Center for Arizona Policy an important opening in our challenge to Proposition 211. In a decision issued this morning, June 29, 2026, the Court revived CAP’s core free-speech claim, reversing the lower court’s dismissal and sending the case back so we can finally prove that forcing nonprofits to expose their donors discourages constitutionally protected speech. After years of being turned away at the courthouse door, CAP now gets its day in court on the claim that matters most.
The Court took seriously the threats our Ministry Friends and staff face. It pointed to the real harassment CAP and our allies have endured — including a message vowing to make it a “personal mission to bury every single one of you” — and recognized that publicly identifying an organization’s supporters could expose them to the same retaliation. The Court declined to rule that this burden on speech is reasonable, leaving that question open for us to win on a full record. From here forward, the burden is on the government to justify what Prop 211 does to Arizonans’ speech.
The justices in the 4-3 minority indicated that they would have gone even further. In a powerful partial dissent, Justice King — joined by Vice Chief Justice Lopez and Justice Bolick — would have revived every one of CAP’s claims. They recognized Prop 211 for what it is: a law that imposes a prior restraint on political speech in the critical weeks before an election, compels Arizonans to be publicly associated with messages they may never have intended to support, and offers no protection to donors who face threats to their safety, harassment, economic reprisal, or doxxing rather than only “physical harm.” Their opinion is a roadmap — and a reminder that this case was decided by a single vote.
Prop 211 was sold as “transparency,” but transparency is for government and privacy is for citizens. CAP will continue this fight at the trial court, armed with the Supreme Court’s recognition that the right to support causes you believe in — without fear of retaliation — is worth protecting. We are confident in our case, and we are not done.
Please consider supporting CAP’s challenge to Prop 211 as the fight for donor privacy and free speech continues.
