Legal Question in Constitutional Law in California
We recently received the American Community Survey in the mail. They warn of a fine of no more than $5,000 if we refuse to answer the very intrusive questions.
What are the chances that this fine will actually be imposed if we refuse to answer the questions?
3 Answers from Attorneys
Who is the American Community Survey? Is that like the Publisher's Clearinghouse? I would throw it away.
The ACS is from the Census Bureau. I'm sure Mr. Stone's answer would have been different had he realized this.
Anyone who receives the ACS from the Census Bureau has a legal duty to answer it. Americans have very few affirmative legal duties, but answering the census is one of them.
The law does authorize fines for refusing to respond. Relatively few scofflaws get hit with these fines, but you could be one of them. Even if you aren't, you will hear from the Bureau repeatedly. They are very persistent, and the law is on their side.
Bear in mind that your answers are confidential. No one outside the census bureau can see them. That includes the IRS, the FBI, the CIA, the military, immigration, local police, etc. Even the president and members of Congress cannot see your responses. The records cannot be obtained by subpoena or other legal process. They are maintained under extraordinarily tight security. And census employees have a very strong incentive to protect your confidentiality, since revealing anyone's answers -- or even reading them without a legitimate job-related reason -- is a felony punishable by heavy fines and a lengthy prison term. You should not worry that your answers will ever be revealed or used against you.
There is a lot of good information on the Census Bureau Website, starting here: http://www.census.gov/acs/www/about_the_survey/respond_or_get_help/
Personally, I would call the number on the website and answer by phone, just to make sure your paper answers don't wind up in the wrong hands.