Nonprofit Speech Rights | Center for Effective Government

Grassroots Lobbying Disclosure Laws and the First Amendment

On April 15, the Institute for Justice (IJ) filed a lawsuit on behalf of two volunteer groups challenging part of Washington State's grassroots lobbying disclosure law as a violation of their First Amendment rights to free speech, assembly, and petition. In Many Cultures, One Message v. Clements, the groups claim that having to register as grassroots lobbying organizations is burdensome, and revealing information about their financial supporters could leave donors open to threats from opponents.

read in full

SpeechNow.org Decision May Expand the Role of Independent Groups

On March 26, the U.S. Court of Appeals for the District of Columbia issued a unanimous opinion in SpeechNow.org v. Federal Election Commission. The court decided that the Federal Election Commission (FEC) could not limit donations to independent political groups that will spend money to support or oppose candidates. This is the first major court ruling to apply the U.S. Supreme Court's holding in Citizens United v. FEC.

read in full

National Broadband Plan Seeks to Increase Civic Engagement

On March 16, the Federal Communications Commission (FCC) released its 376-page National Broadband Plan, setting forth a strategy to expand access to broadband Internet services to millions of people. Chapter 15 of the broadband plan is specifically intended to make it easier for Americans to actively participate in civil society and hold their government accountable.

read in full

Commentary: A Call for Change on Legal Services Corporation Funding Restrictions

For the past 14 years, the Legal Services Corporation (LSC), which funds legal services for the poor, has been forced by Congress to place severe restrictions on legal aid programs that receive LSC funds. These restrictions also extend to non-federal funds raised by legal services programs. Since their passage, the restrictions have been plagued by repeated First Amendment questions and have sparked calls for change.

read in full

Supreme Court Hears Charities' First Amendment Challenge to Patriot Act

On Feb. 23, the U.S. Supreme Court heard arguments in Humanitarian Law Project v. Holder, a case challenging parts of the USA PATRIOT Act (Patriot Act). The Humanitarian Law Project (HLP) and other charities allege that sections of the law violate the First Amendment.

read in full

Citizens United: The Supreme Court Decision and Its Potential Impacts

The long-awaited decision in Citizens United v. Federal Election Commission was issued on Jan. 21. With a 5-4 ruling, the U.S. Supreme Court decided that corporations and unions may now directly and expressly advocate for the election or defeat of candidates for federal office, as long as they do not coordinate their efforts with campaigns or political parties. Many predict the impacts of the decision will be immense and far-reaching, both for nonprofit voter engagement and political discourse as a whole.

read in full

A Song about Nonprofit Speech Rights in 2009

Jingle Bells, Jingle Bells, Speech Rights are the thought of the day
Oh what fun it is to work
When nonprofits have a say, hey!

read in full

How Will Proposed Anti-Prostitution Rules Impact Nonprofits?

On Nov. 23, the Department of Health and Human Services (HHS) issued a proposed rulemaking to revise its implementation of an anti-prostitution policy requirement for organizations that receive HIV/AIDS funding from the agency. The requirement currently compels speech by government grantees.

read in full

Group Asks FEC if Federal Election Law Preempts State Robocall Laws

Robocalls – automated phone messages – are one of the least expensive methods that political candidates use to reach voters. However, restrictions on unsolicited calls have complicated efforts by candidates who want to use political robocalls. While political robocalls are exempt from the national "do not call" registry, some states have implemented restrictions on them. A political organization is now asking whether these state laws run afoul of federal law.

read in full

Study Reveals the Focus on Lobbyists Could be Flawed

According to a study conducted by OMB Watch and the Center for Responsive Politics (CRP), 1,418 federally registered lobbyists "deregistered" with Congress in the second quarter of 2009 (between April and June). This is a considerably higher rate than that seen in the average reporting period, when a few hundred lobbyists terminate their active status. The groups cautioned that this finding does not necessarily mean that the Obama administration's policies on lobbyists are leading to fewer outside influences on government policy, or that those policies are creating more transparency.

read in full

Pages