The Internal Revenue
Service has quietly announced a new rule that strictly limits the ability of
501(c)(4), tax-exempt organizations from working on their core missions in the
months leading up to federal, state, and local elections. The proposed
regulations would prohibit these organizations from engaging in
candidate-related political activity, which, by the proposed rule's definition,
includes any mention of a candidate's name or political party even if presented
in a non-political context. Further, organizations would have to ensure that any
references to candidates in past communications are not publicly available,
including online, during the pre-election window. These regulations would, in
effect, prohibit organizations from providing the public with candidate
comparisons and voting records, engaging in get-out-the-vote activities, or
encouraging informed civic participation, among other activities. They would
severely limit both the organizations' First Amendment free speech and the
public's ability to hold elected officials accountable for their actions.
This will not
apply to 501(c)5 labor unions and (c)6 trade associations: The proposed
regulation does not apply to labor organizations, although the proposal states
that the Administration is considering a regulation in this area. Thus, a
likely result is that a final rule will be promulgated further restricting
non-profit speech and an activity long before any comparable regulation is
promulgated on the activities of labor organizations.
See anything wrong about such action?
Are you willing to stand by and allow yet another “big government”
attack on our constitutional rights?
I’m not and I’ve expressed my opinion to Regulations.gov Please do so as
well.
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