Nonprofit Speech Rights

Feb 8, 2016

Top 400 Taxpayers See Tax Rates Rise, But There’s More to the Story

As Americans were gathering party supplies to greet the New Year, the Internal Revenue Service released their annual report of cumulative tax data reported on the 400 tax r...

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Feb 4, 2016

Chlorine Bleach Plants Needlessly Endanger 63 Million Americans

Chlorine bleach plants across the U.S. put millions of Americans in danger of a chlorine gas release, a substance so toxic it has been used as a chemical weapon. Greenpeace’s new repo...

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Jan 25, 2016

U.S. Industrial Facilities Reported Fewer Toxic Releases in 2014

The Toxics Release Inventory (TRI) data for 2014 is now available. The good news: total toxic releases by reporting facilities decreased by nearly six percent from 2013 levels. Howe...

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Jan 22, 2016

Methane Causes Climate Change. Here's How the President Plans to Cut Emissions by 40-45 Percent.

UPDATE (Jan. 22, 2016): Today, the Bureau of Land Management (BLM) released its proposed rule to reduce methane emissions...

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Member Disclosure Law Upheld, NAM To Appeal

Apr 15, 2008 by Amanda Adams*

The National Association of Manufacturers' (NAM) challenge to a new member disclosure law was dismissed on April 11. NAM was challenging a provision in the Honest Leadership and Open Government Act (HLOGA) that requires coalitions and associations to reveal organization that contribute at least $5,000 per quarter and actively participates in the lobbying campaigns. The lawsuit attempted to block implementation of the new law, charging that the provision was too vague, and would interfere with their First Amendment right of free association.

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Robocall Regulation Debate Heats Up

Controversy over S. 2624, the Robocall Privacy Act of 2008, has increased in recent weeks following a February Senate committee hearing. Labeled as an affront to First Amendment speech rights, an unwelcome infringement upon citizen-to-citizen communication, and unconstitutionally vague and overly broad, this bill has forced political pundits, consultants, and politicians to debate what constitutes "core political speech" and how best to utilize robocalls. Some consultants in the automated call industry are seeking donations for the Legal Defense Fund of the American Association of Political Consultants (AAPC), and others are partnering with the National Political Do-Not-Contact Registry.

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SpeechNow.org v. FEC Heard in District Court

Apr 15, 2008 by Amanda Adams*

On Friday April 11, a federal judge heard arguments in the SpeechNow.org case, and reportedly hopes to have a decision soon. According to BNA Money and Politics ($$); "The judge hinted, however, that he was unlikely to go along with SpeechNow.org's request for a preliminary injunction protecting it from enforcement of the [Federal Election Commission] FEC's 'political committee' rules." The group is challenging FEC rules that limit political action committees to collect no more than $5,000 annually from each contributor.

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CREW Files FEC Complaint for Ad

Apr 10, 2008 by Amanda Adams*

Citizens for Responsibility and Ethics in Washington (CREW) filed a complaint with the Federal Election Commission (FEC) charging that the nonprofit group U.S. Term Limits, violated federal election law by running a television and Internet advertisement urging the election of former Representative Bob Schaffer (R-CO) to the Senate. In the ad, school children thank Schaffer for his commitment to charter schools. According to CREW, the ad is not issue advocacy, but actually a campaign ad because it promotes the election of Schaffer.

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Florida megachurch may have violated ban on political campaign intervention

Apr 10, 2008 by Amanda Adams*

A church in Tampa, Florida has been accused of making illegal campaign contributors to Florida Governor Charlie Crist. According to the St. Petersburg Times, NBC News obtained an email in which staff members of Without Walls International Church — the largest church in Tampa — were directed to write checks out to Crist for his 2006 campaign. Florida state election records include several $500 donations to Crist within a few days after the email was dated, from individuals affiliated with Without Walls.

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The Problem of Generalizing Nonprofits

Apr 8, 2008 by Amanda Adams*

Earlier, the suggestion was made that "nonprofits" as a whole are increasingly being mentioned in the press in connection to their increased spending for political activity during the current campaign. A perfect example is laid out in this blog, with the headline, "Nonprofits are the New 527s." Understandably, it is easier to use "nonprofit" as opposed to 501(c)(4). 501(c)(4) organizations can be involved in some political activity as long as it is not their primary purpose. The blog makes it clear that the discussion is about 501(c)(4)'s, yet the headline remains vague.

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Court Ruled the IRS Should Not Have Revoked the Tax Exemption of the Democratic Leadership Council

Apr 8, 2008 by Amanda Adams*

The U.S. District Court for the District of Columbia ruled that the Internal Revenue Service (IRS) violated its own rules in revoking the tax exemption of the Democratic Leadership Council (DLC). The DLC was granted tax-exempt status as a 501(c)(4) social welfare organization in 1986 and in 2002, the IRS revoked the DLC's tax-exempt status for the years 1997, 1998, and 1999 for its support to Democratic officials. The DLC argues that it acted within the bounds of a 501(c)(4) organization for those three years.

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IRS Releases Draft Instructions for Redesigned Form 990

Apr 8, 2008 by Amanda Adams*

The Internal Revenue Service (IRS) released draft instructions for the redesigned Form 990 and is requesting public comments through June 1. In its announcement, the IRS notes that the instructions include "highlights lists indicating certain items in the instructions on which the IRS would especially like to receive public comments.

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Citizens United Case Returns to Federal District Court

Apr 8, 2008 by Amanda Adams*

After the Supreme Court decided it will not hear the Citizens United case opposing disclosure of those paying for political ads in the weeks before an election (Citizens United v. FEC), the case now returns to a three judge federal district court. Citizens United hopes to have a decision that will impact the current campaign. BNA Money and Politics ($$) reports that "both sides expect the case to be appealed and ultimately to make its way back to the Supreme Court for any final ruling on the issue of disclosure of those funding political messages."

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Mark Up Legislation in the Home not the Hearing Room

Apr 4, 2008 by Amanda Adams*

The Sunlight Foundation has created an initiative that allows citizens to participate in marking up the Transparency in Government Act of 2008, (TGA) on its site PublicMarkup.org. "Sunlight decided that public input and scrutiny would refine the bill and improve its chances of garnering lawmakers' support.

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