Anti-speech policymakers continue to target nonprofits

For months now, US lawmakers have had their sights set on silencing non-profit organizations – potentially including the media and press freedom groups.

They haven’t arrived yet but the fight is not over. The Freedom of the Press Foundation (FPF) has joined forces with many other organizations to publicly shame these anti-speech officials with their scornful efforts to attack the IRS against views they don’t like.

And the resistance seems to be working – at least so far.

The nonprofit review bill is two-fold

Earlier this year, the House passed a bill that would allow the secretary of the Treasury to remove the tax exemption status of non-profit organizations, without coordination and using secret evidence, by declaring them supporters of terrorists.

We wrote to The Intercept last spring about the implications of nonprofit media, especially in light of recent letters from lawmakers accusing outlets that criticize Israel of supporting terrorism. Others have written about the potential for the powers assumed by the law to be misused against environmental organizations, student groups, and others.

The Council on American-Islamic Relations led a letter signed by 135 organizations (including FPF) opposing the bill in May. The ACLU also sent its own letter. And the bill died in the Senate recently, when an attempt to attach it to the reauthorization of the Federal Aviation Administration failed (no, we don’t know that the bill has anything to do with aviation).

It came back in September. This time, lawmakers tried to tie it to a law that gave tax benefits to American prisoners and held court on Sept. 11, they dared anyone to question the anti-terrorism bill that day.

That backfired when The Washington Post called out their willingness to undermine the chances of a slave bill because of a non-profit investigation. It also boosted opposition among non-profits, with the ACLU sending another letter to the House leadership, signed by more than 120 organizations, also including FPF. The bill stalled again.

Censorial lawmakers turn to Plan B

Unable to enact new powers to silence nonprofits, lawmakers are saying they can under existing authority, citing decades-old IRS guidance on nonprofits supporting fraud.

The chairman of the Republican House Ways and Means Committee, Jason Smith, sent a letter on Sept. 24, demanding that the IRS remove the tax exemptions of 15 Palestinian human rights organizations. House Speaker Mike Johnson sent the letter the next day, branding many of the organizations and threatening them on behalf of House Republicans.

The organizations mentioned in the letter were not media, but given that Smith did not mention any illegal activities other than inciting dissent (the theory, perhaps, is that the organizations are on the hook for lawlessness that occurs during demonstrations. promoters), it is not difficult to imagine similar arguments against media outlets that express the same opinion.

We also joined the Council on American-Islamic Relations and 100 other groups to rebuke Smith and Johnson for their disregard for the First Amendment. Calling their behavior “reminiscent of the McCarthy era,” the letter states that “their bad faith submissions to the IRS are not based on legitimate concerns of criminal activity by these organizations.” Instead, it stems from your personal discomfort with their constitutionally protected activities. “

It continues to note the hypocrisy of calls for scrutiny, as Republicans in Congress have been quick to accuse the IRS and other federal agencies of improperly investigating First Amendment activity — but only if they like the message of the speakers.

The group’s letter also warns of other attempts to advance this law without prejudice or similar bills, which “will undermine important security and give the government the power to target human rights organizations, humanitarians, journalists, and representatives based on their political positions.”

Although efforts to reverse the vicious attacks on nonprofits appear to have been successful so far, it’s clear they have staying power. And while Smith’s letter was led by Republicans, Democrats have joined forces to push the legislation through the House — meaning the bill will likely remain in place no matter how November’s elections go.

Any non-profit, media, or free speech advocates should not let the next opportunity pass them by.