9th Amendment Project: Official Advocacy Statement
Document ID: 9AP-POLICY-2026-005
Subject: Opposition to California Assembly Bill 2624 (AB 2624)
Jurisdiction: The Unenumerated Right to Document Public Affairs & Transparency in State Expenditures
The 9th Amendment Project (9AP) has formally classified California Assembly Bill 2624 (AB 2624) as a structural violation of the constitutional order. Introduced by Assemblymember Mia Bonta, this legislation seeks to grant taxpayer-funded organizations a “privacy” veto over public documentation. By criminalizing the publication of identifiable information of state-funded agents—even when those agents are performing public duties in public spaces—the State of California is attempting to establish a “Legislative Shield” that immunizes public spending from the accountability of the lens.
The 9th Amendment of the U.S. Constitution mandates that “the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” Among these pre-political, retained rights is the Inherent Right to Document—the authority of the sovereign citizen to observe and record the operations of the state and its proxies.
- Federal Appellate Precedent (The 9th Circuit): In Fordyce v. City of Seattle (1995), the U.S. Court of Appeals for the Ninth Circuit recognized a “First Amendment right to film matters of public interest.” By threatening citizen journalists with criminal or civil penalties for documenting state-funded NGOs, AB 2624 directly disparages this established federal floor of protection.
- U.S. Supreme Court Precedent (Transparency): The Supreme Court held in Richmond Newspapers, Inc. v. Virginia (1980) that the right to receive information and watch the government is an essential part of the “unarticulated” rights protected by the First and Ninth Amendments. AB 2624 denies this right by allowing state-funded actors to demand the removal of “identifiable information,” effectively turning public oversight into a criminal act.
- California Constitutional Conflict: Article I, Section 1 of the California Constitution declares all people are “free and independent” with “inalienable rights,” including “privacy.” However, Article I, Section 3(b)(1) explicitly mandates that “the people have the right of access to information concerning the conduct of the people’s business.” AB 2624 prioritizes the “privacy” of state contractors over the constitutional right of the people to audit the expenditure of public funds.
The 9AP Analysis: Legal and Judicial Overreach
AB 2624 attempts to redefine “harassment” to include the simple act of recording public officials or state-funded agents. This is a tactical maneuver to silence investigators like Nick Shirley and others who expose systemic fraud in state-funded programs.
- California Supreme Court Precedent: In City of Carmel-by-the-Sea v. Young (1970), the state’s highest court held that while privacy is legitimate, laws interfering with fundamental rights must be “narrowly tailored.” AB 2624 is overly broad, making no distinction between “doxing” for malice and documenting for public accountability.
- Jurisdictional Erasure: By shielding NGOs from public scrutiny, the bill creates a “Black Site” within the civil sector where billions in taxpayer funds are spent without a corresponding right of the public to witness that expenditure.
The 9AP Mandate: A Call to Action
The 9th Amendment Project stands in defense of the Sovereign Auditor. The right to record your government—and those the government pays with your money—is a right retained by the people. The state possesses no authority to hide its agents from the view of the sovereign citizen.
We demand the immediate defeat of AB 2624. We call on all defenders of the Constitution to challenge this “Privacy Shield” in the U.S. District Courts to prevent the irrevocable disparagement of the right to public transparency.
“The camera is the modern check on the ancient abuse of power. Accountability is a right we retained, and it is a right we will defend.” — 9th Amendment Project Charter
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