Nonprofit Speech Rights

Agencies Reporting Communications with Federally Registered Lobbyists

President Barack Obama's March 20 memo restricts communications between federally registered lobbyists and executive branch employees on use of Recovery Act funds. We have a chart of the agencies reporting contacts with lobbyists and the number of communication reports disclosed. Read more >> Updated Feb.17, 2010

Resource Center: IRS Rules on Election Activities of Charities

IRS enforcement of the ban on partisan activities by charities and religious organizations leaves many groups uncertain about what is prohibited partisan intervention. Our resource center follows developments in the Political Activities Compliance Initiative (PACI) in working towards clear rules for nonpartisan voter engagement.

Articles & Analysis

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.

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.

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!

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.

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.

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.

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.

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.

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.

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.