Supreme Court Adds First Amendment Donor Privacy Case to 2025-26 Docket

WASHINGTON, Sept. 10, 2025 - The U.S. Supreme Court granted review Wednesday in First Choice Women’s Resource Centers v. Platkin, a dispute over New Jersey’s attempt to subpoena donor records from a faith-based pregnancy center, putting First Amendment free-speech and association rights squarely before the justices.

Nut Graf The court’s decision to hear this case underscores growing concerns about state investigatory powers and their potential to chill protected expression. By weighing whether federal courts may adjudicate pre-enforcement challenges to subpoenas that allegedly deter speech, the justices will clarify the balance between state oversight and constitutional safeguards.

Case Background and Questions Presented

  • New Jersey Attorney General Matthew Platkin issued a 2023 subpoena demanding donor lists, medical staff details and internal communications from First Choice Women’s Resource Centers to investigate alleged deceptive practices.
  • First Choice sued in federal court, arguing the subpoena imposed an unlawful chill on its First Amendment rights.
  • Lower courts dismissed the suit as unripe, ruling the center must comply first and raise constitutional objections in state proceedings-a decision the Third Circuit upheld.
  • The Supreme Court will decide whether a “reasonably objective chill” of speech rights suffices to confer federal-court jurisdiction under federal civil-rights statutes.

Timeline of Proceedings

  • January 2023: Platkin issues subpoena; First Choice files suit in D.N.J.
  • June 2024: U.S. District Judge Michael Shipp dismisses suit as premature.
  • December 2024: Third Circuit affirms dismissal by 2-1 vote.
  • June 16, 2025: Court grants certiorari to review the lower-court rulings.
  • Wednesday, Sept. 10, 2025: Justices formally add First Choice v. Platkin (No. 24-781) to the October oral-argument calendar.

Importance and Potential Impact

  • A ruling for First Choice could expand federal-court access for pre-enforcement First Amendment challenges nationwide.
  • A contrary decision may reinforce state-court primacy in investigatory matters, potentially delaying relief for organizations facing broad subpoenas.
  • Observers note the case’s implications extend beyond crisis-pregnancy centers to any group facing state inquiries into funding and internal operations.

What to Watch

  • Scope of Federal Jurisdiction: Will the court uphold a narrow “ripeness” standard or adopt a broader test for constitutional chill?
  • First Amendment Protections: How far may states go in investigating nonprofits before infringing on speech and association rights?
  • Federalism Balance: The decision may recalibrate the tug-of-war between state investigatory authority and federal civil-rights enforcement.

Oral arguments are expected in October, with a decision anticipated by spring 2026.