The National Religious Broadcasters is suing the Internal Revenue Service over the Johnson Amendment, a tax law that bars nonprofits from supporting political candidates.
Lawyers for the National Religious Broadcasters, along with two Baptist churches and a conservative group called Intercessors for America, argue in their suit that the ban on engaging in politics restricts their freedom of speech and freedom of religion. They further argue that the IRS ignores the politicking of some charities, while threatening to punish others.
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In particular, lawyers for the groups claim that newspapers and other news outlets that have become nonprofits in recent years, such as the Philadelphia Inquirer, endorse candidates. Why can’t churches or other Christian groups, they want to know, do the same?
“Plaintiffs believe that nonprofit newspapers have a clear constitutional right to make such endorsements or statements,” read the complaint filed Wednesday (Aug. 28) in the United States District Court of the Eastern District of Texas, Tyler Division. “Plaintiffs simply contend that they should also have the same freedom of speech.”
The lawsuit is the latest challenge to the Johnson Amendment, a 1954 law that has long been the bane of conservative groups and, in particular, preachers seeking to become more involved in politics. The ban on taking sides in campaigns — including endorsements or campaign contributions — applies to nonprofits that fall under section 501(c)(3) of the IRS code.
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EDITOR’S NOTE — This story was written by Bob Smietana and originally published by Religion News Service.
