AFNPT's publications constitute protected speech under the First Amendment. The Supreme Court has consistently held that commentary on matters of public concern — including the operations of tax-exempt organizations that benefit from public subsidies — receives the highest level of constitutional protection.

Key precedents supporting our work:

• •New York Times Co. v. Sullivan, 376 U.S. 254 (1964) — Public figures must prove "actual malice" to prevail in defamation claims. Organizations that solicit public donations and enjoy tax-exempt status are subject to heightened public scrutiny.
• •Hustler Magazine v. Falwell, 485 U.S. 46 (1988) — Opinion and commentary about public figures and public organizations are protected, even when provocative.
• •Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990) — Statements of opinion based on disclosed facts are protected speech when the underlying facts are accurately presented.

AFNPT takes care to distinguish factual claims (sourced to government records) from our analytical opinions (clearly labeled). This practice provides robust legal protection under established First Amendment jurisprudence.

California's Anti-SLAPP statute (Code of Civil Procedure §425.16) provides a powerful procedural mechanism to dismiss frivolous lawsuits filed to silence public participation and free speech. "SLAPP" stands for Strategic Lawsuit Against Public Participation.

Why this matters for AFNPT: As a California-governed organization publishing educational commentary about matters of public concern (nonprofit transparency, use of tax-exempt funds, foreign influence), AFNPT's publications fall squarely within the Anti-SLAPP statute's protection. Any defamation suit filed against AFNPT for its educational analysis of public records would be subject to a special motion to strike under §425.16, with mandatory fee-shifting to the plaintiff if the motion is granted. Over 30 states and the District of Columbia have enacted similar Anti-SLAPP protections.

The Foreign Agents Registration Act (22 U.S.C. §611 et seq.), enacted in 1938, requires persons acting as agents of foreign principals in a political or quasi-political capacity to make periodic public disclosure of their relationship with the foreign principal, activities, receipts, and disbursements.

FARA registrations are public records maintained by the DOJ's National Security Division and available at efile.fara.gov. AFNPT downloads, analyzes, and presents these public records for educational purposes.

Why this matters for nonprofit transparency: When domestic nonprofit organizations have financial or operational connections to entities registered under FARA as agents of foreign governments, the American public has a legitimate interest in understanding those connections — particularly when the nonprofit's stated mission is domestic education and the foreign agent's contract involves influence campaigns targeting American citizens.

California has some of the most comprehensive nonprofit oversight laws in the United States, administered by the California Attorney General's Registry of Charitable Trusts.

Why California law matters: Many of the entities examined in AFNPT's investigations are incorporated in or solicit donations from California. The Show Faith by Works LLC FARA registration (targeting California churches) and various nonprofit entities operating in California are subject to these state-level oversight requirements.