Congressional Republicans fight tax code for stifling free speech of churches, charities   

Congressional Republicans are renewing efforts to restore free speech rights to churches and charities. 

The Free Speech Fairness Act was first introduced by Rep. Steve Scalise, R-Louisiana, in 2015, but was revived this week by Rep. Mark Harris, R-North Carolina, and Sen. James Lankford, R-Oklahoma, with 16 other co-sponsors including Texas Republican Sen. Ted Cruz.

The Free Speech Fairness Act challenges a section of the tax code requiring nonprofits to refrain from political action or risk losing their tax-exempt status.

“All section 501(c)(3) organizations are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office,” the IRS website reads.

That section of the tax code, nicknamed the “Johnson Amendment,” was proposed by future president and then-Sen. Lyndon Johnson, a Democrat from Texas, and approved by Congress in 1954.  

However, it’s now believed to be overly restrictive of free speech.   

The Free Speech Fairness Act only asks that charities and churches be allowed “to make statements relating to political campaigns if such statements are made in the ordinary course of carrying out its tax-exempt purpose.” 

The bill also has the endorsement of numerous conservative groups, including:  

• Alliance Defending Freedom  

• America First Policy Institute  

• Catholic Vote,  

• Concerned Women for American Legislative Action Committee  

• Family Research Council (FRC) 

• Focus on the Family  

• And Home School Legal Defense Association  

Former Republican Congressman Jody Hice of Georgia, who is now the president of FRC Action, explained why the legislation matters.  

“As a pastor before coming to Washington, I was personally harassed by the IRS,” Hice recalled. “My church’s tax-exempt status was threatened because I dared to preach openly on political issues important to my congregation. Our Founding Fathers left us unalienable rights to be enjoyed – and defended.” 

Hice co-sponsored previous versions of the Free Speech Fairness Act during his time in Congress.  

Family Research Council President Tony Perkins added the Johnson Amendment “has been used to intimidate pastors and censor the pulpit.” 

“Pastors should be free to speak from a biblical perspective on cultural issues and candidates,” Perkins said. “This is why I wholeheartedly support the Free Speech Fairness Act.”