Bicameral proposal seeks free speech for faith leaders, nonprofits

Loss of tax-exempt status should not happen if faith leaders, churches or nonprofits speak for or against political candidates, says a North Carolina congressman.

And he’s filed a bill in the U.S. House of Representatives, matched by a companion in the U.S. Senate. Together, Rep. Rev. Mark Harris, R-N.C., and Sen. James Lankford, R-Okla., are hopeful the provision President Donald Trump directed by executive order in his first term becomes law long term, overturning the 1954 Johnson Amendment.

That law, Harris says, has allowed the IRS to silence “America’s pastors, churches and nonprofits.”

“People of faith should not fear exercising their First Amendment rights at the risk of the IRS coming after them," Harris said in a release. "For too long, the Johnson Amendment has silenced pastors, churches, and non-profits from engaging on moral and political issues of our day for fear of losing their tax-exempt status. This attempt to muzzle people of faith must end – the Constitution is clear: Americans’ right to free speech shall not be infringed.”

Trump signed his executive order in 2017. Its sunset came when he left office.

The Free Speech Fairness Act is also known as House Resolution 2501 and Senate Bill 1205.

Lankford, in a release, said, “The First Amendment protects Americans’ right to freedom of speech and religious freedom without the threat of interference from Congress. The Free Speech Fairness Act is needed to ensure these original free speech protections are upheld by removing a restriction on speech that has existed since 1954. Fundamental American values must extend to everyone, including pastors, social workers, or non-profit employees and volunteers. Everyone should have their constitutional rights to assembly, free speech, freedom of religion and free press protected.”

Widespread support is already in place. Included are Advancing American Freedom; Alliance Defending Freedom; America First Policy Institute; American Values; Americans for Tax Reform; Catholic Vote; Concerned Women for America LAC; Eagle Forum; Family Policy Alliance; Family Research Council; First Liberty Institute; Focus on the Family; Home School Legal Defense Association; James Dobson Family Institute; Liberty Counsel Action; and NC Family.