September 13, 2023

New from the Institute for Free Speech

Commentary: Investigations Conducted by the Office of General Counsel

By Bradley A. Smith and Gary Lawkowski

.....On September 12, 2023, the Institute for Free Speech submitted comments to the Federal Election Commission in support of Agenda Document 23-21-A, “Investigations Conducted by the Office of General Counsel.”

Read a PDF of the comments here.

Nonprofits

The Hill: Lawmakers risk harming US charities, violating Americans’ privacy amid investigations of foreign influence

By Elizabeth McGuigan

.....While Congress was out for August recess, members of the House Ways and Means Committee sent an open letter to nonprofits—entities considered tax-exempt by the IRS—requesting information on the “existing rules and regulations governing them and foreign sources of funding” as well as “policy changes Congress should consider.”

While their concerns may be valid and these questions are important, especially given recent media reports detailing specific cases of abuse, lawmakers must be careful not to chill charitable giving by generous Americans that supports the most vulnerable in our communities. There may be a need for a policy scalpel, not a sledgehammer...

It is important to remember that nonprofits, both 501(c)(3)s and 501(c)(4)s, can and do engage in issue advocacy as a crucial counterbalance to a large, powerful government...

As lawmakers consider ways to identify whether foreign nationals are abusing certain charitable avenues to advance political goals, their focus must remain on protecting the constitutional rights of Americans to free speech and free association. As the U.S. Supreme Court once again upheld in its 2021 decision Americans for Prosperity Foundation v. Bonta, this includes the right to give to nonprofits anonymously.

Election Law Blog: “Response by Tax-Exempt Organization Scholars to Request for Information”

By Rick Hasen

.....Ellen Aprill, Roger Colinvaux, Brian Galle, Philip Hackney, and Lloyd Mayer (the five who are among the most respected nonprofit tax law scholars in the nation) have posted this piece on SSRN. Here is the abstract:

Political Parties

TYT: Progressive Push to Ban Democratic Dark Money Is Dead

By Candice Cole

.....Progressive members of the Democratic National Committee (DNC) say reintroducing a resolution to ban the use of dark money in Democratic primary elections is “not likely” during the committee’s bi-annual meeting next month.

One proposed ban failed twice in previous meetings when a bloc of progressive DNC delegates failed even to get a vote on the resolution – once last summer and again in February.

The States

Philadelphia Inquirer: A judge ruled against the Philly ethics board in its case against super PAC that supported mayoral candidate Jeff Brown

By Sean Collins Walsh

.....A Philadelphia judge has dismissed the city Board of Ethics’ high-profile case against a “super PAC” that spent millions to back Jeff Brown’s unsuccessful mayoral campaign this year.

Court of Common Pleas Judge Joshua Roberts ruled Tuesday that Brown did not illegally coordinate with For a Better Philadelphia, a political action committee, as the board had argued in its lawsuit against the group in April.

Fox 8: North shore judge blocks an anti-Jeff Landry ad as governor’s race intensifies

By Sabrina Wilson

.....Judge Raymond Childress of the 22nd Judicial Court on Monday (Sept. 11) issued a temporary restraining order against an ad run by a group called Louisiana Leadership Fund...

The ad claimed a wealthy donor found with child pornography had a personal connection with Landry and that the attorney general waited a year before charging the individual. Landry’s camp says the account was untrue and that the defendant was arrested, convicted and sentenced to prison.

Maine Public: Maine media organizations oppose foreign electioneering ban, citing enforcement concerns

By Steve Mistler

.....At its core, the debate over Question 2 on Maine’s November ballot is about whether corporations owned or controlled by foreign governments have the same rights to political speech as companies here in the U.S. Question 2 asserts that they do not, and that foreign governments should be prohibited from electioneering in Maine referendums.

But the proposal is encountering resistance from news organizations that fear they will be enlisted to help enforce the ban on such advertising.