Nonprofit Speech Rights | Center for Effective Government

Legal Services Corporation Changes Introduced

Momentum is growing for Congress to eliminate severe restrictions on legal aid programs that receive Legal Services Corporation (LSC) funds. LSC programs are currently prohibited from engaging in certain activities such as lobbying, participating in agency rulemaking, and bringing class-action lawsuits. The new congressional efforts come as reports show how the restrictions have harmed home foreclosure prevention efforts.

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Maryland Lawmakers Limit Covert Police Surveillance

Responding to the outcry over covert police surveillance of peaceful activists' meetings, Maryland lawmakers voted on March 24, 2009 in favor of a bill to protect residents from having authorities violate their First Amendment rights. The House of Delegates and Senate approved similar bills and Governor Martin O'Malley has expressed his commitment to signing the legislation into law.

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Recovery Act Memo May Restrict Free Speech Rights

On March 20, President Barack Obama issued a memorandum stating that federally registered lobbyists cannot verbally communicate with executive branch officials regarding specific projects to be funded through the American Recovery and Reinvestment Act of 2009. Instead, lobbyists must submit their views in writing. The goal of preventing stimulus funds from being spent based on influence or "on the basis of factors other than the merits" is widely seen as laudable. However, many are charging that the rules are a violation of lobbyists' First Amendment right to petition the government.

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Summary of national service organization and volunteer prohibited activities

The summary below covers existing restrictions on recipients of Corporation and National Community Service funding and, as changed in the Serve America Act, courtesy of the Center for Lobbying in the Public Interest.

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Nonprofits and Obama's Lobbying Rules

On Jan. 21, President Barack Obama issued an executive order to stop the influence special interests have had in government and to close the revolving door between government service and financial rewards in the private sector. One aspect of the Obama order puts limits on lobbyists serving in government. These limits appear to be having unintended consequences for employees of nonprofit organizations, specifically those registered as lobbyists and working in the public interest.

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Court Decision Will Have Impacts on Voting Districts

On March 9, the U.S. Supreme Court issued a decision in Bartlett v. Strickland that will impact voting districts nationwide. In Bartlett, the Court held in a 5-4 plurality decision that Section 2 of the Voting Rights Act of 1965 does not require state officials to draw election lines to create a crossover district when racial minorities comprise less than 50 percent of the district's voting-age population.

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Obama Administration Delays Implementation of Controversial USAID Rule

On Feb. 2, the Obama administration announced that it was delaying the implementation of the controversial Partner Vetting System (PVS) rule and opening a 30-day public comment period. The rule is now scheduled to go into effect on April 3.

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GAO Reports on Nonprofit Funding through Sub-Award Contracts

A recent report to the chairman of the House Budget Committee shows that the federal government relies on networks and partnerships to achieve its goals, and many of these involve nonprofit organizations. The Government Accountability Office (GAO), the investigative arm of Congress, produced the report.

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Foundation Watchdog Releases Report on Enhancing Impact of Philanthropy

The National Committee for Responsive Philanthropy (NCRP), a national foundation watchdog organization, recently released a report titled Criteria for Philanthropy at its Best: Benchmarks to Assess and Enhance Grantmaker Impact. The report recommends four criteria and ten accompanying benchmarks for how grantmakers should improve their giving and management.

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Questions Loom for President's Office of Faith-Based and Neighborhood Partnerships

On Feb. 5, President Barack Obama signed an executive order establishing the White House Office of Faith-Based and Neighborhood Partnerships to help address the nation's social problems by strengthening the capacity of faith-based and community organizations. The executive order amends a Bush-era order that created the former Office of Faith-Based and Community Initiatives. Despite campaign promises, the Obama order does not reverse the Bush policy that allowed federal agencies to award contracts to faith-based organizations that discriminate in their hiring processes based upon religious affiliation, marital status, or sexual orientation.

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