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Charitable Organizations First Amendment

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

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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

Fisher Phillips

Non-Profit Snapshot: 4 Things Non-Profits Need to Know About SCOTUS’s Religious Tax Exemption Ruling

Fisher Phillips on

Welcome to this edition of the FP Non-Profit Snapshot, where we take a quick look at a recent significant legal development with an emphasis on how it impacts non-profit organizations. This edition focuses on a landmark...more

Fisher Phillips

SCOTUS Delivers a Win to Religious Organizations Seeking Certain Tax Exemptions: What Religious Schools Need to Know

Fisher Phillips on

A recent Supreme Court ruling could have significant implications for religious schools and other nonprofit organizations seeking tax exemptions under state unemployment compensation systems. What standard will be applied to...more

Eversheds Sutherland (US) LLP

Scope of tax exemption for religious entities: The Catholic Charities case

On June 6, 2025, in a decision authored by Justice Sonia Sotomayor, the Supreme Court unanimously overturned a ruling of the Wisconsin Supreme Court, which denied Catholic Charities Bureau an exemption from the state’s...more

Venable LLP

Race-Conscious Grantmaking Litigation Updates: What Nonprofits Need to Know

Venable LLP on

The Fearless Foundation has agreed to shut down its grant program for Black women business owners, settling a lawsuit that has been closely watched by nonprofit grant makers....more

Lowenstein Sandler LLP

Fearless Fund Litigation Update – What Nonprofits and Other Private Actors Should Know

Lowenstein Sandler LLP on

On June 3, 2024, a divided U.S. Court of Appeals for the Eleventh Circuit issued a decision in American Alliance for Equal Rights v. Fearless Fund Management, LLC, No. 23-13138 (11th Cir., June 3, 2024) (“Fearless Fund”)...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

Holland & Knight LLP

Religious Institutions Update: March 2023

Holland & Knight LLP on

Donors State Claims for Misuse of Their Funds, But Not as a Class Action - In Carrier v. Ravi Zacharias Int'l Ministries, Inc. No. 1:21-CV-3161-TWT, 2022 WL 1540206 (N.D. Ga. May 13, 2022) and Carrier v. Ravi Zacharias...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Danish Cults and Defamation

This week, the Ninth Circuit addresses the First Amendment “limited-purpose public figure” doctrine in the context of a charitable organization’s fundraising activities.  The Court holds that charitable organizations...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

Snell & Wilmer

U.S. Supreme Court Finds California Disclosure Requirement Unconstitutional as Infringement on First Amendment Associational...

Snell & Wilmer on

On July 1, 2021, the U.S. Supreme Court issued a 6-3 decision, holding that California’s blanket demand for charities to disclose donor information to the state Attorney General (AG) is facially unconstitutional.2 In addition...more

Proskauer - Tax Talks

The Impact of Americans for Prosperity Foundation v. Bonta on Donor Disclosure Laws

Proskauer - Tax Talks on

On July 1, 2021, the Supreme Court struck down a California donor-disclosure law as facially unconstitutional in its decision in Americans for Prosperity Foundation v. Bonta. The law required nonprofits operating or...more

Wiley Rein LLP

Supreme Court Reaffirms First Amendment Protection For Associational Privacy

Wiley Rein LLP on

In one of its final decisions of its recent term, the U.S. Supreme Court strongly reaffirmed heightened First Amendment protection for associational privacy. The Court ruled (6-3) that government-mandated disclosure of the...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Invalidates California Schedule B Disclosure Law

On July 1, the Supreme Court issued a major decision concerning nonprofit donor disclosure laws and the First Amendment. In Americans for Prosperity Foundation v. Bonta, No. 19-251, the Court held that a California law...more

Jones Day

Supreme Court Rules California Cannot Force Nonprofits to Disclose Donors

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The U.S. Supreme Court strikes down California law requiring charitable organizations to disclose their donors to the state. On July 1, 2021, the U.S. Supreme Court in Americans for Prosperity Foundation (AFP) v. Bonta held...more

Dorsey & Whitney LLP

The Supreme Court - July 1, 2021

Dorsey & Whitney LLP on

Brnovich v. Democratic National Committee, No. 19-1257: The Democratic National Committee and other affiliates brought a suit challenging two Arizona voting restrictions as violating §2 of the Voting Rights Act (“VRA”)....more

Wiley Rein LLP

A Break Down of the SCOTUS Oral Argument on First Amendment Right to Privacy in Association

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Wiley’s Lee Goodman, Andrew Woodson, and Jeremy Broggi break down the U.S. Supreme Court’s April 26 oral arguments in two cases: Americans for Prosperity Foundation v. Bonta and Thomas More Law Center v. Bonta. The cases...more

Wiley Rein LLP

Political Privacy Update: Supreme Court to Hear Two Donor Privacy Cases From California

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On January 8, the U.S. Supreme Court granted certiorari in two donor privacy challenges to California’s compulsory donor disclosure for nonprofit organizations. The first is Americans for Prosperity Foundation v. Xavier...more

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