Nonprofit Speech Rights | Center for Effective Government

New Court Decision Is a Blow to Political Spending Transparency Requirements that Were Already Being Evaded

On Sept. 18, the D.C. Circuit Court of Appeals overturned Van Hollen v. Federal Election Commission (Van Hollen), a lower court ruling that effectively required more disclosure of political spending. But the Court of Appeals' blow to political spending transparency is mostly a symbolic one: over the last six months, most nonprofit political advocates have found ways to skirt the disclosure requirements and keep their donors anonymous.

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Has the Supreme Court United Against Citizens' Participation in Government?

By refusing to hear American Tradition Partnership v. Bullock, the Montana case on corporate election spending, the U.S. Supreme Court reaffirmed on June 25 that corporations can spend unlimited money to influence the outcome of political campaigns.

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Spotlighting the Federal Election Commission's Efforts to Keep Political Spending in the Shadows

"[P]rompt disclosure of expenditures can provide shareholders and citizens with the information needed to hold corporations and elected officials accountable for their positions and supporters," the U.S. Supreme Court wrote in Citizens United v. Federal Election Commission. On March 30 – more than 26 months after Citizens United was decided – a federal judge struck down a Federal Election Commission (FEC) regulation that had been preventing disclosure.

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Cutting to the Heart of Nonprofits' Political Activities

A leak of documents allegedly produced by the Heartland Institute, a libertarian think tank organized as a 501(c)(3) institution, is just the latest contribution to the controversy surrounding politically active nonprofit organizations as the 2012 elections approach.

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Super (Loud) PACs and Soft-spoken Issue Advocates

Outside groups are spending nearly 1,300 percent more on broadcast advertising for the 2012 election than they did in 2008, according to an analysis released on Jan. 30. This is the clearest demonstration yet that Citizens United v. Federal Election Commission has fundamentally rewritten the rules for political spending.

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Pulpit Freedom Sunday Clarifies the Need for Clarity

Hundreds of pastors took to their pulpits on Sunday, Oct. 2, to engage in an annual civil disobedience ritual known as Pulpit Freedom Sunday. Initiated by the Alliance Defense Fund and supported by Glenn Beck, Pulpit Freedom Sunday aims to challenge the current prohibition on partisan electioneering by churches and other 501(c)(3) organizations.

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Neither Death Nor Certainty for the 501(c)(4) Gift Tax

Anyone keeping tabs on the efforts of the Internal Revenue Service (IRS) to assess gift taxes on major donations to 501(c)(4) organizations should be wondering if the old adage regarding the certainty of death and taxes needs to be updated in the post-Citizens United era.

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Regulating Political Advertisements: Looking Beyond the FEC

Over the past several election cycles, the statement that “I’m John Smith, and I approved this message” has become a ubiquitous part of the political lexicon. If the Media Access Project has its way, however, a whole new series of disclosures will become just as familiar to the American public.

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CREW Sues the Federal Election Commission over Case Dismissals

Citizens for Responsibility and Ethics in Washington (CREW) and Melanie Sloan, its executive director, recently filed a lawsuit against the Federal Election Commission (FEC) for continually dismissing cases without providing information about the decisions. Those who file complaints with the FEC are often unable to legally challenge the commission's dismissal actions or obtain the reasons for the dismissals.

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OMB Watch Applauds White House Move to Quickly Fill Ethics and Government Reform Roles upon Norm Eisen Departure

WASHINGTON, Aug. 6, 2010—Today, OMB Watch joined with several other good government groups to applaud the work of Norm Eisen, Special Counsel to the President for Ethics and Government Reform. The groups also expressed appreciation that the White House has moved swiftly to replace Eisen, who is departing to become Ambassador to the Czech Republic.

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