Anti-advocacy lawmakers continue to target nonprofits

For months, US lawmakers have been bent on silencing nonprofits — possibly including the media and press freedom groups.

They haven’t achieved their goal yet, but the fight is not over. The Freedom of the Press Foundation (FPF) has repeatedly joined scores of other organizations to publicly shame these dissident officials for their cynical attempts to weaponize the IRS against opinions they don’t like.

And the resistance seems to be working—at least so far.

A bill to censor nonprofits twice

Earlier this year, the House passed a bill that allows the finance minister to revoke the tax exemptions of non-profit organizations, without due process and using secret evidence, by deeming them supporters of terrorists.

We wrote for The Intercept last spring about its implications for nonprofit media, especially in light of recent letters from lawmakers falsely accusing outlets critical of Israel of supporting terrorism. Others wrote about the potential power the bill provides will be abused against environmental organizations, student groups and others.

The Council on American-Islamic Relations led a letter signed by 135 organizations (including FPF) opposing the bill in May. The ACLU also sent its own letter. And the bill died in the Senate soon after, when efforts to attach it to FAA reauthorization legislation failed (no, we don’t know what the bill had to do with aviation).

It came back in September. This time, lawmakers tried to tie it to legislation giving tax breaks to American hostages and held hearings on 9/11, effectively challenging anyone to question the supposed anti-terror bill that day.

It backfired when The Washington Post announced their willingness to undermine the chances of the hostage charge to censor nonprofits. It also sparked further opposition among non-profit organizations, with the ACLU sending another letter to House leadership, signed by over 120 organizations, again including FPF. The bill stalled again.

Censors resort to plan B

Lawmakers can’t legislate new powers to silence nonprofits, arguing they already can under existing authority, citing decades-old IRS guidance on nonprofits that support crime.

Jason Smith, chairman of the Republican Ways and Means Committee, sent a letter on Sept. 24 demanding that the IRS revoke the tax exemptions of 15 non-profit Palestinian human rights organizations. House Speaker Mike Johnson tweeted the letter the next day, tagging many of the organizations and further threatening them on behalf of House Republicans.

The organization mentioned in the letter was not a news outlet, but given that Smith did not cite any alleged illegal activity beyond inciting dissent (the theory is presumably that the organization is on the hook for any illegality that occurs during protests present), it is not difficult to imagine similar arguments against news media that express similar views.

We once again joined the Council on American-Islamic Relations and 100 other groups to reprimand Smith and Johnson for disrespecting the First Amendment. Calling their approach “reminiscent of the McCarthy era,” the letter states that “their bad faith referral to the IRS is not based on any legitimate concern about criminal behavior by this organization.” Instead, it stems from your personal discomfort with their unconstitutional actions.”

It continues to note the hypocrisy behind the call for censorship, as Republicans in Congress have been quick to accuse the IRS and other federal agencies of investigating the unfairness of the First Amendment — but only when they like the message of those who speak.

The groups’ letter also warns against further efforts to introduce this flawed legislation or similar bills, which would “undermine fundamental due process protections and allow the government to target civil rights, humanitarian, journalistic and advocacy organizations based on political affiliation.” their

Although efforts to push back against these outrageous attacks on NGOs appear to have been successful so far, it is clear that they have permanence. And while the Smith letter was led by Republicans, Democrats were instrumental in pushing the legislation through the House — meaning this nonsense will likely continue no matter how the November election goes.

Any NGOs, media or free speech advocates who have not yet spoken out should not miss the next opportunity.