ASAE and the U.S. Chamber of Commerce announced last week that they filed a joint amicus curiae (“friend of the court”) brief in a pending case with implications for associations and other organizations that deliberate political strategies and activities.

The case involves whether retail purchasers of motor fuel should benefit from pricing that reflects the varying volume of fuel as its temperature changes. However, during the discovery phase of the trial, a U.S. District Court judge ordered several trade associations, that are not parties to the litigation, to produce internal documents outlining deliberations and strategies for addressing the fuel temperature issue before various state legislatures. Contending that such information is privileged from disclosure under the First Amendment, these associations have not complied with the order and have sought review in the U.S. Court of Appeals for the Tenth Circuit.

Concerned about the precedent being set if the lower court’s ruling stands, ASAE and the Chamber have filed a brief in support of the petitioning trade associations. When associations engage in political strategy, “confidentiality is often a necessary precondition for successful action,” the brief claims. “In order to craft effective and fully-considered public messages and political strategies, an association’s members often engage in a vigorous, internal give-and-take and a free exchange of ideas that is possible only because the participants know that their communications if confidential.”

If associations were compelled to disclose non-public lobbying plans, it could have a chilling effect on associations’ participation in the political process, the organizations added.

MSAE will follow this case to share the outcome of the Court’s decision.