A state legislature passes a law prohibiting all organizations that engage in political advocacy from withholding their membership lists from public disclosure. A local nonprofit organization that advocates for controversial political reforms challenges the law, arguing it violates their freedom under the First Amendment. What is the BEST reason that the law might be unconstitutional?
The law violates the separation of powers by interfering with the judiciary's ability to regulate the disclosure of sensitive information.
The law infringes on the right of individuals to associate freely without fear of reprisal or harassment.
The law deprives the nonprofit organization of the ability to raise funds effectively, which is a violation of their freedom of speech.
The law is invalid because it targets only organizations engaged in political advocacy, which constitutes illegal viewpoint discrimination.
The correct answer identifies that forced disclosure of membership lists can chill the exercise of freedom of association, especially when the organization engages in politically sensitive or controversial advocacy. Courts have consistently recognized that compelled disclosure of membership lists burdens the right to associate freely by deterring individuals from joining groups due to fear of exposure or harassment. The incorrect options fail to fully address this key concern or misstate foundational principles regarding freedom of association and regulation.
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What is the First Amendment and how does it protect free association?
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What does it mean for a law to 'chill' free association?
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What is viewpoint discrimination and why is it a concern in this context?