Nonprofit Speech Rights | Center for Effective Government

FEC Decides Not to Appeal EMILY's List Decision

The Federal Election Commission (FEC) has decided not to appeal a September ruling by a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit in EMILY’s List v. FEC. That opinion struck down FEC regulations that limited donations to some nonprofit groups that engage in campaign activity. The FEC’s decision not to appeal may have major implications for campaign finance issues, as well as certain nonprofits' activity during upcoming elections in 2010 and 2012.

read in full

Census Amendment Stalls Appropriations Bill, LSC Funding

Civil rights groups are urging the Senate to reject a controversial amendment to the FY 2010 Commerce, Justice, and Science (CJS) Appropriations bill (H.R. 2847) currently working its way through Congress. Sens. David Vitter (R-LA) and Robert Bennett (R-UT) have proposed the amendment, which is designed to cut off funding to the Census Bureau unless the 2010 Census survey includes a question regarding citizenship and immigration status. The amendment flap has delayed passage of the CJS legislation, which would, in part, increase funding and restore speech rights to Legal Services Corporation (LSC) grantees.

read in full

EMILY’s List Decision May Impact Contribution Limits, Other Campaign Finance Cases

A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued an opinion in EMILY’s List v. Federal Election Commission in September, striking down regulations that limited donations to nonprofit political action committees that are used for campaign activity. The regulations were intended to limit how certain nonprofit organizations raise and spend money for political campaigns.

read in full

NCRP Report Confirms Return on Investment in Advocacy

New research from the National Committee for Responsive Philanthropy (NCRP), a national foundation watchdog organization, concludes that public policy work is an effective strategy to address societal issues. A majority of grantmakers have traditionally steered away from funding public policy, grassroots advocacy, and other civic engagement activities. However, studies continue to show that advocacy work is vital to advancing a nonprofit organization's mission. The NCRP finding that there is such a great return on investment in advocacy could resonate with funders.

read in full

Nonprofits Active in Efforts to Prevent Use of Courts to Discourage Public Participation

Nonprofit organizations have recently been active in efforts to prevent the use of lawsuits designed to discourage public participation. Nonprofits across the country have played a role in the campaign to eliminate Strategic Lawsuits Against Public Participation (SLAPPs). These efforts coincide with a pending legislative proposal to combat SLAPP suits on the federal level.

read in full

White House Moves to Limit Lobbyists on Federal Advisory Committees

The White House announced Sept. 23 that it informed executive branch agencies and departments that federally registered lobbyists are not to be appointed to federal agency advisory boards and commissions. This is the latest attempt at removing the influence of federally registered lobbyists within the executive branch.

read in full

Assessing the Impact of the Social Innovation Fund

The Social Innovation Fund (SIF) is the Obama administration’s major philanthropic effort, with the White House requesting $50 million for the program earlier in 2009. While it is clear that the administration is interested in innovation within the nonprofit sector, organizations are uncertain about how the program will impact their work.

read in full

Supreme Court Rehears Citizens United Case; Decision Could Impact Nonprofits

Citizens United, a 501(c)(4) nonprofit organization, developed and sought to run a film about candidate Hillary Clinton during the 2008 presidential primary. The group also wanted to promote the film with several ads. The highly critical movie was partially funded by corporate contributions, which the Federal Election Commission (FEC) said was a violation of the Bipartisan Campaign Reform Act of 2002 (BCRA). In a federal lawsuit recently reheard by the U.S. Supreme Court, Citizens United charges that ads for the film should not be subject to donor disclosure and disclaimer requirements and that the BCRA provisions enforced by the FEC are unconstitutional.

read in full

Forged Letter Scandal Highlights Need for Greater Disclosure

In June, Rep. Tom Perriello (D-VA) received a letter that was supposedly authored by Creciendo Juntos, a nonprofit group in his district. The letter urged him to oppose the American Clean Energy and Security Act, a bill designed to combat climate change. Perriello's office also received similar letters on letterhead from the local NAACP chapter. These letters turned out to be fake; they were sent by a lobbying firm hired by a trade group representing coal producers and power companies. Government ethics and transparency watchdog organizations responded, saying that using forged letters as part of a lobbying campaign is outrageous misconduct that harms the legislative process and highlights the need for increased disclosure.

read in full

Advocates Say New Recovery Act Lobbying Guidance Doesn’t Go Far Enough

On July 24, Peter Orszag, the director of the Office of Management and Budget (OMB), released further guidance that amends restrictions on lobbying for Recovery Act funds. The document states that it is meant "to supersede all prior written OMB and other agency guidance on the subject." Despite the adjustments within the guidance, which advocates note is a significant step in the right direction, many say the changes do not go far enough to prompt disclosure of all lobbying and other contacts associated with Recovery Act spending.

read in full

Pages