Nonprofits fear pols may KO restrictions
President Trump recently told conservative Christian leaders that he had gotten “rid of” the Johnson Amendment, a decades-old law prohibiting political campaigning by nonprofit charities, churches and religious groups.
While Trump’s assertion was false — he issued a toothless executive order on the matter last year that in reality did nothing — there’s a tangible chance Congress could effectively rescind the amendment this month, and a large number of charities are up in arms over the possibility, saying it could politicize the nonprofit community and foster a pay-to-play mentality.
The amendment, which was introduced by then-Sen. Lyndon Johnson in 1954, bans all tax-exempt nonprofits — including churches and other houses of worship — from “directly or indirectly” participating in political campaigns.
The House passed an appropriations bill in July that includes a provision that would prohibit the IRS from enforcing the amendment.
A Senate-House conference committee will consider whether to keep that provision in the final bill to be voted on by the Senate. The committee will be headed by Sen. James Lankford (R-Okla.), who has previously pushed for legislation to weaken the amendment, which he calls unconstitutional.
David Thompson, vice president of public policy for the National Council of Nonprofits, told the Daily News he’s troubled by Lankford’s stance, calling the Johnson Amendment “crucial” for nonprofits that use it as a shield against political involvement.
“Currently politicians come to a nonprofit and say, ‘I want you to endorse me, and I’ll reward you after the election,’ ” said Thompson, whose organization represents more than 25,000 nonprofits across the country, including food banks, cultural organizations and charities. “We tell them, ‘We are prohibited from endorsing because of the Johnson Amendment.’ Take away that protection and we’re subjected to the strongarming of politicians and outrageous donor demands.”
Lankford believes the law violates First Amendment rights. “The Johnson Amendment selects certain people and organizations, based on where they work, and limits their freedom of speech,” Lankford told The News.