Promoting and protecting nonprofit advocacy for a stronger democracy

Thursday, March 22, 2007

Coalition of Nonprofits File Amicus Brief

OMB Watch organized a nonprofit coalition that filed a multi-party amicus brief on behalf of 17 charities (exempt under 501(c)(3) of the federal tax code). The brief argued that the electioneering communications restrictions deny charities the right to petition the government for redress of grievances, which is protected by the First Amendment. The electioneering communication restrictions in the Bipartisan Campaign Reform Act (BCRA) cannot be constitutionally applied to 501(c)(3) charities because such organizations are, and must be to retain their tax-exempt status, nonpartisan and nonpolitical.

Read the amicus brief here.

Meanwhile...

Wisconsin Right To Life (WRTL) filed their brief for the Supreme Court case in which oral argument is scheduled for April 25th. I encourage you to read the analysis from the Scotusblog. Importantly, the brief calls for the creation of "a safe-harbor for grassroots lobbying." Furthermore, the brief asks for the electioneering communications part of McConnell v. Federal Election Commission to be overturned, eliminating the need for as-applied challenges. The press release from the James Madison center can be read here. A group of charities, which OMB Watch is a part of, will soon file an amicus brief in the case urging the court to protect the right of nonprofits to broadcast grassroots lobbying communications.