Nonprofit Speech Rights | Center for Effective Government

FEC Approves Advisory Opinions for Independent Expenditure Committees

The Federal Election Commission (FEC) recently voted 5-1 to approve advisory opinions allowing two political organizations to collect unlimited contributions for independent expenditures in federal campaigns. The groups, the conservative Club for Growth (the Club) and pro-Democratic Commonsense Ten, will disclose their donors and spending to the FEC. The opinions provide some guidance to entities that wish to raise and spend unlimited amounts of money to run ads supporting or opposing candidates for federal office.

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Supreme Court Says States May Disclose Petition Signatories

On June 24, the U.S. Supreme Court ruled 8-1 that states may publicly disclose referendum petition signatures. The case, Doe v. Reed, centers on the public's right to know who signed petitions related to Referendum 71, a 2009 attempt to overturn Washington State’s expanded domestic partner law, which gives gay and lesbian couples the same rights as married couples.

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House Passes DISCLOSE Act, Senate Struggle Begins

On June 24, the House passed the DISCLOSE Act by a close, largely party-line vote of 219-206. Supporters praise the bill as a success for transparency, while critics argue that it is an attack on the First Amendment and creates unfair exemptions for groups such as the National Rifle Association. The companion bill in the Senate, S. 3295, must now overcome many obstacles.

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Wrangling over DISCLOSE Act Slows Bill Down, but Deal May Be Near in House

Some members of Congress have started to explore exempting certain nonprofits from the DISCLOSE Act, the bill developed by Democrats to respond to the Citizens United v. Federal Election Commission decision from the U.S. Supreme Court. While some nonprofits are concerned about donor disclosure requirements in the bill, other groups are concerned that exemptions or changes to the bill would render the legislation ineffective. These organizations worry that without strong disclosure requirements, the bill would allow political ads sponsored by anonymous sources to flood the airwaves at election time.

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BP and Environmental Nonprofits: Conflicts and Complaints

Nonprofit organizations are working diligently to counter the effects of the catastrophic oil spill that followed the failure of BP’s Deepwater Horizon rig in the Gulf of Mexico. Groups are aiding in cleanup efforts, protesting, raising money, and engaging in various other activities to turn anger into action. However, some nonprofits are also facing harsh criticism for accepting donations and other gifts from the oil company, and the worst oil spill disaster in the country's history has jeopardized partnerships between energy companies and environmental nonprofits.

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Citizens United Decision Spurs State Campaign Finance Legislation

State legislators across the nation are introducing campaign finance legislation to mitigate the impact of the Citizens United v. Federal Election Commission decision, in which the U.S. Supreme Court ruled that corporations and unions may now directly and expressly advocate for the election or defeat of candidates for federal office.

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Nonprofits Tell Subcommittee about Impact of Ineffective Counterterrorism Rules

On May 26, representatives from the nonprofit sector testified before a subcommittee of the House Financial Services Committee to address how anti-terrorist financing laws impact charities. The hearing marked the first time an oversight panel has considered how the Department of the Treasury's policies impact charitable groups and was a major step in bringing attention to the largely ignored challenges facing charities and foundations since the Sept. 11, 2001, terrorist attacks.

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House Hearings Highlight Criticisms of DISCLOSE Act

During the first House hearings on the DISCLOSE Act, disagreements and debate arose over the scope and potential impacts of a bill that sponsors say is designed to create new disclosure requirements for various corporate entities that are promoting or opposing candidates for federal office. As Congress continues to move forward with the bill, controversy will likely follow.

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Supreme Court Hears Arguments on State Disclosure of Petition Signatures

On April 28, the U.S. Supreme Court heard oral arguments in Doe v. Reed, a lawsuit filed by a political action committee in Washington State. The case could decide whether public disclosure of referendum petition signatures is permitted or if signing such a petition is a private political act protected by the First Amendment.

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DISCLOSE Act Seeks to Blunt Impacts of Citizens United

To blunt the impacts of the U.S. Supreme Court decision in Citizens United v. Federal Election Commission, Rep. Chris Van Hollen (D-MD) and Sen. Charles Schumer (D-NY) recently introduced companion bills, both called the DISCLOSE Act (the Democracy Is Strengthened by Casting Light On Spending in Elections Act). The legislative response would create new, rigorous campaign finance disclosure requirements meant to prevent moneyed interests from drowning out the voices of citizens and smaller advocacy organizations.

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