Nonprofit Speech Rights | Center for Effective Government

Update: Senate Finance Committee and Nonprofit Legislation

Senate Finance Committee activity on nonprofit regulation is picking up steam as the projected date for introduction of the long-awaited reform bill approaches. Conservative groups and Sen. Rick Santorum (R-PA) have expressed concern about the impact some proposals could have on small nonprofits and that there is inadequate resources to enforce existing laws. The committee’s staff report on land donations was released June 7, and a June 8 hearing took an in-depth look at ways future abuse in this area can be avoided.

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OMB Watch Asks FEC to Preserve the Internet as Vehicle for Civic Participation

Comments filed by OMB Watch in the Federal Election Commission’s (FEC) rulemaking proceeding on regulation of Internet communications ask that the FEC "step back and allow the Internet to flourish as a public square where all are invited and all can be heard." The comments note that the Internet has empowered ordinary citizens, as seen in the 2004 election, and that key assumptions justifying regulation of campaign finance do not apply to most Internet communications.

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Group Asks Supreme Court to Consider Constitutionality of Electioneering Restrictions

The Wisconsin Right to Life Committee (WRTL) appealed to the Supreme Court May 24 asking it to overturn a provision of the Bipartisan Campaign Reform Act of 2002 (BCRA) that prohibits the broadcast of ads that mention federal candidates within 60 days of a general election or 30 days of a primary. WRTL ran ads in the summer of 2004 asking Sens. Russ Feingold (D-WI) and Herb Kohl (D-WI) to support President Bush's judicial nominees. It had to discontinue the ads on Aug. 15, 2004 because Feingold was running for re-election.

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State Charity Regulation Proposals Listed

The National Council of Nonprofit Associations (NCNA) has published a list of 24 legislative proposals to regulate charities that are pending in 15 states. A list summarizing 2004 results in 19 states was also published. Both are available on the NCNA website.

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Lobby Disclosure Bill Filed

On May 17, Reps. Marty Meehan (D-MA) and Rahm Emanuel (D-IL) formally filed H.R. 2412, the Special Interest Lobbying and Ethics Accountability Act (SILEA). The bill would amend the Lobby Disclosure Act of 1995 (LDA), which requires organizations that engage in a certain amount of lobbying activity to register and file disclosure reports. Of particular concern to nonprofits are four provisions that would increase disclosure requirements.

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Summary of the H.R. 2412, the Special Interest Lobbying and Ethics Accountability Act of 2005

On May 17, Reps. Marty Meehan (D-MA) and Rahm Emanuel (D-IL) formally filed H.R. 2412, the Special Interest Lobbying and Ethics Accountability Act (SILEA), a lobbying reform bill. The bill amends the Lobbying Disclosure Act of 1995 (LDA) and focuses on four main areas of reform: enhancing lobby disclosure, slowing the revolving door, curbing excesses in privately funded travel, and strengthening enforcement and oversight of ethics and lobbying disclosure. This summary provides background on LDA and details on the bill.

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The History of Church Electioneering

Houses of worship have been involved in America's political process since our nation's birth, and they will continue to play an important and increasing role in our society's evolution. The nation's courts and laws have upheld the rights of religious entities--and all charitable organizations--to participate in the political process, while simultaneously upholding the separation of Church and State.

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Bill Would Make Faith-Based Offices Permanent

Legislation introduced in the House of Representatives on March 2 would make the White House Office of Faith-Based and Community Initiatives (H.R. 1054) and ten similar federal agency offices a permanent part of the federal government. The Tools for Community Initiatives Act, sponsored by Rep. Mark Green (R-WI), establishes the offices and outlines their responsibilities. It does not include portions of current regulations that address how religious groups handle federal grants.

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Conservative Coalition Opposes Further Nonprofit Regulation

On April 28, a coalition of conservative groups sent a letter to Senate Majority Leader Bill Frist (R-TN) objecting to the Senate Finance Committee's effort to tighten rules governing charities. Shortly after that, the Independent Sector Panel on the Nonprofit Sector released its second set of draft regulations for review and comment by the sector.

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North Carolina Preacher Accused of Church Politicking Resigns

On May 5, nine members of the East Waynesville Baptist Church in North Carolina were excommunicated by their pastor for voting for former Democratic presidential candidate John Kerry. The pastor, Rev. Chan Chandler, allegedly told his congregants that voting for Kerry was against the tenets of the church. The pastor has since resigned from his position. There has been no information whether the Internal Revenue Service (IRS) is looking into the allegations of wrong-doing, although Americans United for Separation of Church and State has requested an investigation.

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