In Wisconsin Family Action v. Federal Election Commission, decided yesterday by Judge William Griesbach (E.D. Wis.), the WFA—"a non-profit organization whose mission is to advance Judeo-Christian principles and values in Wisconsin by strengthening, preserving, and promoting marriage, family, life, and liberty"—sued to "enjoin the FEC from forcing WFA to disclose … any contributions other than those that are earmarked for specific independent expenditures expressly advocating the election or defeat of an identified candidate for Federal office." The Court began by generally discussing the First Amendment right of expressive association, which often includes anonymity:
Although the Court in Buckley v. Valeo (1976) held that the FECA disclosure requirements were facially valid and rejected a blanket exemption for minor parties and independents, it recognized that there could be cases in which forced disclosure of donor identities would violate the constitutional rights of supporters of unpopular causes. The Court acknowledged in its discussion of the burdens of disclosure on First Amendment rights that "it is undoubtedly true that public disclosure of contributions to candidates and political parties will deter some individuals who otherwise might contribute" and "[i]n some instances, disclosure may even expose contributors to harassment or retaliation." The Court explained that these burdens on individual rights are "not insignificant" and that "they must be weighed carefully against the interests which Congress has sought to promote." "Where it exists," the Court noted, "the type of chill and harassment identified in NAACP v. Alabama can be shown." The Court also noted its expectation that courts would be sensitive to similar showings in future cases.
WFA has offered, through the declaration of Julaine Appling, evidence of various instances of harassment of WFA's employees and its supporters. For example, for roughly two years after WFA supported a state constitutional amendment limiting the definition of marriage to a relationship between a man and a woman in 2006, Appling received a phone call at home every few months in the middle of the night that involved the use of "vulgar, foul language" and warned her that she was "not safe" because she was a "hateful, homophobic, Nazi bitch." In 2006, "serious death threats" were made against WFA's political advisor's family. In approximately 2013, Appling received a letter, postmarked from Wisconsin, that referenced issues supported by WFA and stated that the sender knew where Appling lived, that the sender lived close by, that later that month Appling would know they were there, and that Appling's life was in danger. Appling took the letter to the police, and the police considered the letter a "real threat" and ensured patrol cars were more visible and drove more frequently in her neighborhood for that month.
