Nonprofit Speech Rights | Center for Effective Government

Obama Withdraws Family Planning Policy, Restores Some Nonprofit Speech Rights

On Jan. 23, President Barack Obama issued a memorandum withdrawing the Mexico City Policy. The Mexico City Policy prohibited organizations funded by the U.S. Agency for International Development (USAID) from using private, non-USAID funds to engage in activities including "providing advice, counseling, or information regarding abortion, or lobbying a foreign government to legalize or make abortion available." Foreign nonprofits, referred to as nongovernmental organizations (NGOs), were already barred from using U.S. funds to pay for abortions as a method of family planning. However, the Mexico City Policy went further and ultimately restricted the free speech rights of government grantees.

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Lobbying and Ethics Reform Takes Center Stage at the White House

On Jan. 21, President Barack Obama signed an executive order on Ethics Commitments by Executive Branch Personnel. The order details new restrictions for political appointees that work in the Obama administration. It limits the role lobbyists can play in the executive branch and attempts to reduce the influence of powerful special interests by addressing the revolving door — when government officials move to and from private sector jobs.

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Associations Release Recommendations for Obama, Congress, to Strengthen Nonprofit Sector

Two major nonprofit associations, Independent Sector and the National Council of Nonprofits, have released detailed recommendations on how the federal government can strengthen and serve communities through nonprofit organizations, including some proposals that can be included in the upcoming economic stimulus package.

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Public Comments Ask FEC to Clarify, Simplify Campaign Finance Rules

After seeking public comments on ways to improve campaign finance regulation, enforcement, and compliance, the Federal Election Commission (FEC) heard a common theme: its rules and procedures can hinder nonprofits and small organizations from effectively participating in the political process. Nonprofits, including OMB Watch, recommended improvements that the FEC can make to ensure that all groups can fully participate in our democracy. A public hearing on the rules will be held on Jan. 14.

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'Twas the Night before New Year

'Twas the night before New Year
And all through the Nation
The people were hopeful
Looking toward Inauguration.

Nonprofits were happy
Their voices might be heard
And silencing through
Rules and surveillance may be deterred.

We've been taking great care
To preserve nonprofit speech rights
Now we reflect on the past year
And the battles we had to fight.

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Legal Battles Continue on What Constitutes Issue Advocacy

Although the election is over, the ongoing battle about the difference between issue advocacy and electioneering is headed to the U.S. Supreme Court in Citizens United vs. Federal Election Commission. Meanwhile, a new Advisory Opinion from the Federal Election Commission (FEC) also wrestles with this issue.

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Nonprofits to President-elect Obama: Strengthen the Sector

Now that the election is over, nonprofits are encouraging the incoming administration to take action that will strengthen the sector with capacity building, incentives for giving, and policies that encourage service and protect the integrity of the sector. Many organizations, including OMB Watch, are also making policy recommendations in their areas of expertise, ranging from education to transparency to health and safety protections.

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Telecom Surveillance to Receive Get-Out-of-Jail-Free Card

The Department of Justice (DOJ) is seeking retroactive immunity for the telecommunications companies that cooperated with the National Security Agency's (NSA) warrantless surveillance program, utilizing power granted in the FISA Amendments Act of 2008.

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Pastors Challenge Church Electioneering Ban

On Sept. 28, 33 pastors around the nation participated in Pulpit Freedom Sunday, an initiative designed to challenge a 1954 amendment to the Internal Revenue Code (IRC) that prohibits religious organizations and charities from supporting or opposing candidates for political office. The Alliance Defense Fund (ADF) released a list of the pastors who participated in hopes that the Internal Revenue Service (IRS) will investigate the churches. The action generated controversy, with Americans United for Separation of Church and State (AU) filing complaints against seven of the participating congregations.

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Pulpit Freedom Sunday: A Misguided Attempt to Politicize Religious Organizations

On Sunday, Sept. 28, 2008, 33 pastors engaged in partisan electioneering from the pulpit as part of Pulpit Freedom Sunday, an initiative launched by the Alliance Defense Fund (ADF), a conservative legal alliance. ADF wants to challenge the constitutionality of the ban on partisan electioneering by religious and charitable organizations exempt under Sec. 501(c)(3) of the tax code. Violation of this rule can result in loss of tax-exempt status. This ill-advised effort threatens the nonpartisan nature of the nonprofit sector. It would give religious organizations rights non-religious organizations do not have, create an indirect taxpayer subsidy for partisan sermons, and open new conduits for inserting soft money into election outcomes.

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