Scalise seeks free speech for religious, nonprofit leaders

U.S. House Republican Whip Steve Scalise (R-LA) on Feb. 4 sponsored legislation to ensure that the leaders of America’s charitable groups have free speech.

The Free Speech Fairness Act, H.R. 949, would amend the Internal Revenue Code of 1986 to allow charitable organizations to make statements relating to political campaigns if such statements are made in the ordinary course of carrying out its tax exempt purpose, according to the congressional record summary.

Our right to free speech under the First Amendment is what makes the American people the freest in the world,” Rep. Scalise said on Monday. “No one should be restricted from speaking freely about the issues that affect each and every American simply because of the job they hold.”

U.S. Sen. James Lankford (R-OK) on Feb. 5 introduced the same-named S. 330. The measures would repeal the Johnson Amendment’s censorship of 501(c)3 employees, including religious leaders, and restore their First Amendment rights, the lawmakers said this week.

“We need to repeal the Johnson Amendment so people of faith can freely express their views without fear of retribution by the IRS or any other Washington bureaucrat,” said Rep. Scalise, explaining that the Johnson Amendment has barred religious leaders and other employees of 501(c)3 organizations from fully exercising their freedom of speech for some 65 years.

“Under threat of a costly IRS audit and loss of tax-exempt status, religious leaders are prohibited from voicing any political opinion,” Rep. Scalise added. “Our bill ensures that religious and nonprofit leaders will no longer live in fear of the consequences to exercising their First Amendment right.”

Sen. Lankford pointed out that the U.S. government and the Internal Revenue Service (IRS) shouldn’t be able to hinder free speech.

“The Free Speech Fairness Act is needed to prevent government intrusion and suppression of free speech by removing a restriction on speech that has existed since 1954,” the senator said. “The First Amendment right of free speech and right to practice any faith, or no faith, are foundational American values that must extend to everyone, whether they are a pastor, social worker, or any charity employee or volunteer. People who work for a nonprofit still have constitutional rights to assembly, free speech, and free press.”

The lawmakers, who first introduced the Free Speech Fairness Act during the 114th Congress, and which passed the U.S. House of Representatives during the 115th Congress, said 47 organizations support the newly reintroduced bill, including the Family Research Council, National Religious Broadcasters, and the Alliance Defending Freedom.

H.R. 949 has been referred for consideration to the U.S. House Ways and Means Committee while S. 330 is under review in the U.S. Senate Finance Committee.