California Governor Gavin Newsom recently signed AB 2505 (Gabriel).  Consequently, active members of the California Bar will be required, with certain exceptions,  to report annually whether they have provided pro bono legal services and certain other information through the licensee’s My State Bar online profile on the State Bar’s internet website.  The bill provides that this information is confidential and not subject to disclosure pursuant to the California Public Records Act.  

When I first reviewed this bill, I immediately questioned whether it compelled speech in violation of the First Amendment to the U.S. Constitution.  The speech compelled by AB 2505 seems clearly non commercial because it is confidential and may only be published and reported if anonymized.  See  Bolger v. Youngs Drug Prods. Corp., 463 U.S. 60 (1983).  As such the requirement should be viewed under the strict scrutiny standard.  See X Corp. v. Bonta, 2024 WL 4033063 (9th Cir. 2024).  

This new law may, perhaps, be saved by the fact that the author agreed to an amendment allowing a "decline to answer" option  in response to comments from the California Lawyers Association.  See Senate Judiciary Committee analysis.  

The point of the bill is not, of course, to compel speech.  Rather, the author's purpose is to change behavior by compelling speech.  In the author's own words: "This bill will add reporting requirements for all licensed attorneys in California, which will incentivize lawyers to provide critical legal services to those in need".  Ibid.   Although the bill mandates confidentiality, I expect that in the future there will be an effort to mandate public disclosure and fewer lawyers will feel comfortable with the "decline to state" option.