Nonprofit Speech Rights | Center for Effective Government

Supreme Court Hears Oral Argument in Grassroots Lobbying Case

The U.S. Supreme Court heard oral argument on April 25 in Wisconsin Right to Life's (WRTL) challenge to the constitutionality of a campaign finance law that limits certain broadcasts, including grassroots lobbying messages, during federal campaigns. The issue before the Court is whether the law is unconstitutional as applied to the facts of WRTL's 2004 grassroots lobbying radio ads. Much of the argument addressed what standard should be used to define "genuine issue ads" entitled to constitutional protection.

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New Complaints of Partisan Electioneering Go to IRS, FEC

November 2008 may seem to be a long way off, but in the current reality of political campaigns, the presidential election is right around the corner, and the campaigns are not the only entities actively involved. Recent complaints filed with the Internal Revenue Service (IRS) and the Federal Election Commission (FEC) challenge the activities of two nonprofits, Priests for Life and Americans for Job Security.

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New York Police Watched Nonprofits before 2004 GOP Convention

A March 25 story in the New York Times revealed that the New York City Police Department (NYPD) conducted a covert surveillance program in 14 states, Canada and Europe that collected information on groups planning lawful protests or events at the 2004 Republican National Convention. The information became public as a result of two lawsuits brought against the city by seven of the 1,806 people arrested during the convention. However, the city has asked a federal court to keep detailed records of this surveillance secret, fearing they will be "misinterpreted." The vast scope of the surveillance has become public knowledge at the same time that Congress is investigating Federal Bureau of Investigation (FBI) abuse of Patriot Act powers to collect information.

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Charities File Friend of Court Brief Supporting Grassroots Lobbying Rights

A group of 17 charities filed an amicus brief in the U.S. Supreme Court case Wisconsin Right to Life v. Federal Election Commission on March 23, urging the Court to protect the right of charities to broadcast grassroots educational and lobbying communications. Multiple amicus briefs have been filed on both sides of the case, which challenges the constitutionality of the "electioneering communications" rule in the Bipartisan Campaign Reform Act of 2002 (BCRA). The rule bans broadcasts that refer to federal candidates and are funded by corporations, including charities, 60 days before a general election and 30 days before a primary. The Court will hold oral argument on April 25, and a decision is expected in the summer or early fall, in time to clarify the law before the 2008 elections.

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House Proposal for Grassroots Lobbying Disclosure Due Soon

While House Speaker Nancy Pelosi's (D-CA) office is still working on the details of grassroots lobbying disclosure as part of a package of Lobbying Disclosure Act (LDA) reforms, both supporters and opponents have continued to debate the merits of the idea.

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Committee Votes Down Faith-Based Hiring Amendment to Head Start Bill

On March 14, the House Education and Labor Committee approved the Improving Head Start Act of 2007 (H.R.1429) after defeating an amendment that would have allowed faith-based organizations to hire teachers for the Head Start program based on religion. Attempts to insert such language into Head Start were unsuccessful in the past. This is the first time the issue has come up in the 110th Congress. The controversial provision was defeated 26-19 on a party line vote, and the overall bill passed 42-1.

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Appeals Court Upholds USAID Pledge Requirement for HIV/AIDS Grantees

On Feb. 27, a three-judge panel of the U.S. Circuit Court for the District of Columbia overturned a lower court ruling that voided a USAID requirement that grantees under an HIV/AIDS program adopt certain policies on prostitution. The ruling in DKT International v. USAID is the first decision in two cases in separate federal appeals courts that involve the same issue. DKT expects to seek a re-hearing before the entire Circuit Court. An appeal from another lower court ruling that overturned the same requirement is pending in the U.S. Court of Appeals for the Second Circuit in New York.

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Showdown on Grassroots Lobbying: The Electioneering Communications Rule

2007 will hopefully see the sun set on a contentious and drawn out battle over the electioneering communications rule as applied to nonprofits. On April 25, 2007 the Supreme Court hears oral argument in Federal Election Commission v. Wisconsin Right to Life (WRTL). The outcome of this case will determine if grassroots lobbying broadcasts by nonprofits can be exempted from the current restrictive federal rules.

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Distortions and Misinformation Continue to Abound in Grassroots Lobbying Disclosure Debate

WASHINGTON, March 7, 2007—Public statements by opponents of grassroots lobbying disclosure, which would bring transparency to big money grassroots lobbying campaigns, have misled Americans by inaccurately claiming that potential proposals are intended to silence criticism of Congress and are "a plot by Washington insiders" to shut out diverse viewpoints.

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House Starts Moving on Lobbying and Ethics Reform

Lobbying and ethics rules changes are rapidly becoming a focal point of the 110th Congress. Since the Senate passed the Legislative Transparency and Accountability Act of 2007, the action has moved to the House, where a bill on executive branch lobbying recently passed the Oversight and Government Reform Committee, and a Judiciary subcommittee addressed possible changes to the Senate bill.

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