National Religious Broadcasters v. IRS

A much-needed clarification to the vague Johnson Amendment will be a victory for speech rights, and concerns about unregulated “dark money” problems are unfounded and ignore existing federal campaign finance rules.

That’s the core message in an amicus brief authored by the Institute for Free Speech and former FEC Chairman (and Institute founder) Bradley A. Smith in National Religious Broadcasters v. IRS. The brief urges the U.S. District Court for the Eastern District of Texas to approve a consent judgment that would clarify churches’ rights to engage in political speech.

The case challenges a portion of the Johnson Amendment, which restricts political activity by 501(c)(3) organizations, which includes churches. Some opponents of the proposed consent judgment claim it would allow churches to become vehicles for unlimited “dark money” political spending without disclosure requirements. The Institute’s brief thoroughly refutes these concerns, explaining that churches engaging in significant political activity would be subject to extensive existing federal regulations issued under the Federal Election Campaign Act (FECA).

To read the Institute’s amicus brief in National Religious Broadcasters v. IRS, click here.