News & Analysis as of

501(c)(3) First Amendment

Lathrop GPM

Understanding the Proposed IRS Settlement Regarding the Johnson Amendment and Churches’ Political Speech Rights

Lathrop GPM on

To settle a case challenging the Johnson Amendment, the IRS has proposed to allow at least two churches to endorse candidates from the pulpit. This proposal has received widespread attention, but many questions remain...more

Stinson LLP

IRS Permits Politics from the Pulpit

Stinson LLP on

In a joint motion filed on July 7 in the U.S. District Court for the Eastern District of Texas, the Internal Revenue Service (IRS) stated that religious organizations may speak about political campaigns and candidates to...more

Holtzman Vogel Baran Torchinsky & Josefiak

IRS Enters into Consent Decree Limiting Application of Johnson Amendment; New Position Allows Churches to Endorse Candidates in...

On July 7, 2025, in National Religious Broadcasters, et al. v. Billy Long, Commissioner of the Internal Revenue Services, et al., Docket no: 6:24-cv-00311-JCB (E.D. Texas) (“NRB”), the IRS entered into a consent decree in...more

McGlinchey Stafford

IRS Agrees That Political Speech Is Permitted in Houses of Worship

McGlinchey Stafford on

The Internal Revenue Service has reached a settlement, subject to court approval, that would permit political speech in houses of worship. Background - Section 501(c)(3) of the Internal Revenue Code defines an organization...more

Polsinelli

Harvard’s Tax-Exempt Status Dispute with the Trump Administration: Implications for Nonprofits

Polsinelli on

On April 16, 2025, President Donald Trump signaled a desire for Harvard University (Harvard or the University) to lose its tax-exempt status after the University refused several demands in the Trump Administration’s letter to...more

Venable LLP

Political Activity Policies: Keeping Calm on Campus During the 2024 Presidential Elections

Venable LLP on

As the 2024 presidential election cycle is in full swing, schools should prepare for debate, discussion, and expression of a wide range of political views and beliefs. While political discourse can be a valuable tool in the...more

Davis Wright Tremaine LLP

Ban on Affirmative Action: Implications, Risks, and Strategies for the Charitable Sector

A pair of recent U.S. Supreme Court cases regarding college admissions standards has potentially wide-ranging implications for all nonprofit organizations that use race as a consideration in their programs. In Students for...more

Morgan Lewis

NY Attorney General Suspends Schedule B Collection in Response to US Supreme Court Decision

Morgan Lewis on

Charities registered in New York will no longer be required to submit Schedule B of IRS Form 990 to the New York Attorney General. Schedule B collection has been suspended as of July 30, 2021. On July 1, 2021, the US Supreme...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (August 3-7): Will Pacer Downloads Become Free? (Spoiler: Nope)

Last week was Court week, and some of the Rule 36s in argued cases have already come down. Below we give our usual week’s statistics and case of the week—our highly subjective selection based on whatever case piqued our...more

Proskauer - Not for Profit/Exempt...

New York State Codifies the Johnson Amendment

On October 23, 2019, Governor Andrew M. Cuomo, signed legislation incorporating the federal Johnson Amendment into New York law. As previously described, the Johnson Amendment denies tax-exempt status under section 501(c)(3)...more

Ballard Spahr LLP

Political Campaigns, College Campuses, and Free Speech

Ballard Spahr LLP on

With the midterm spring primary election season looming, many educational institutions are witnessing heightened political awareness and activism among students and employees. ...more

Jackson Walker

Does FEMA Unconstitutionally Deny Relief to Churches? President Trump Thinks So And He May Be Right

Jackson Walker on

Hurricane Harvey’s devastation has impacted thousands of people and businesses throughout Texas. Private nonprofits and religious organizations have been playing key roles in providing emergency relief to those who have been...more

Snell & Wilmer

United States Supreme Court Upholds Campaign Ad Disclosure Requirement

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In its recent four-word decision (“The judgment is affirmed.”) Independence Institute v. Federal Election Commission, the U.S. Supreme Court upheld a campaign finance law requirement that donors backing certain campaign ads...more

Proskauer - Not for Profit/Exempt...

Is It the End of the Johnson Amendment as We Know It?

While speaking at the National Prayer Breakfast on February 2, 2017, President Trump reaffirmed his commitment to repeal the law that restricts organizations that are tax exempt under Section 501(c)(3) of the Internal Revenue...more

Patterson Belknap Webb & Tyler LLP

Delayed Enforcement of New York Donor Disclosure Requirements for 501(c)(3) Organizations

A federal court development has delayed enforcement of the recently enacted New York State legislation (described in our prior blog post) requiring 501(c)(3) organizations to publicly disclose the identities of certain donors...more

Foley & Lardner LLP

Rules Tax-Exempt Health Care Organizations Need to Know

Foley & Lardner LLP on

It’s that time again – another election year. And if your organization is exempt under Section 501(c)(3) of the Code (“Exempt Organization” or “EO”), the EO cannot participate in, or intervene in, any political campaign on...more

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