Lankford, Harris lead fight to stop IRS from silencing pastors, churches, & nonprofits

WASHINGTON, DC — This week, Senator James Lankford (R-OK) and Congressman Mark Harris (R-NC) led a group of 18 lawmakers in the bicameral introduction of the Free Speech Fairness Act – legislation that would stop the IRS from silencing America’s pastors, churches, and non-profits. 

Since 1954, the Johnson Amendment has suppressed the free speech of religious leaders, churches, and nonprofits by threatening the loss of tax-exempt status if they simply speak for or against any political candidate.

“The First Amendment protects Americans’ right to freedom of speech and religious freedom without the threat of interference from Congress, said Senator Lankford. “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.”

“People of faith should not fear exercising their First Amendment rights at the risk of the IRS coming after them, said Congressman Harris. “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.”

In 2017, President Trump signed an executive order to stop the enforcement of the Johnson Amendment while he was in office. Speaker Mike Johnson and Majority Leader Steve Scalise have previously led the legislation to fix this provision in the tax code. 

Cosponsors include Senator Ted Cruz (R-TX) and Representatives Michael Baumgartner (R-WA), Glenn Grothman (R-WI), Michael Guest (R-MS), Abraham Hamadeh (R-AZ), Clay Higgins (R-LA), Doug LaMalfa (R-CA), Mark Messmer (R-IN), Mary Miller (R-IL), Barry Moore (R-AL), Andy Ogles (R-TN), David Rouzer (R-NC), Keith Self (R-TX), Marlin Stutzman (R-IN), Tim Walberg (R-MI), and Randy Weber (R-TX).

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 support the legislation.

More support for the Free Speech Fairness Act:

Senior Counsel of the Alliance Defending Freedom, Matt Sharp, said, “Freedom of speech is for everyone, including churches and religious non-profits. The government can’t base any tax exemption on a requirement that a church or any other non-profit organization self-censor and surrender its constitutionally protected freedom. ADF commends Representative Harris and Senator Lankford for introducing the Free Speech Fairness Act to ensure that religious entities can apply biblical teachings to all areas of life without fearing an IRS investigation and fines. Anything to the contrary would be a gross violation of the First Amendment.”

“The freedom of speech is a cherished right enshrined in our Constitution in the very same amendment as the freedom of religion – the First Amendment. It was that important to our Founding Fathers because they understood you can’t have one without the other,” said Gary L. Bauer, President of American Values. “Free speech and religious liberty are essential supports for all our freedoms, and the government has no right to limit either. It is long past time for the ill-conceived Johnson Amendment to be repealed. American Values is grateful to Rep. Mark Harris for defending our First Amendment rights. Take the muzzle off of America’s pastors and faith-based non-profit organizations – pass the Free Speech Fairness Act.” 

“Religious and nonprofit leaders shouldn’t have to fear that the IRS will come after them if they exercise their right to free speech. The Free Speech Fairness Act will prevent the IRS from targeting Americans for exercising their First Amendment rights,” said Grover Norquist, President of Americans for Tax Reform.

“For too long, the Johnson Amendment has shackled the free speech rights of America’s religious leaders, churches, and nonprofits, silencing their voices under the threat of losing tax-exempt status,” said Penny Nance, CEO and President of Concerned Women for America Legislative Action Committee (CWALAC). “We at CWALAC wholeheartedly support the Free Speech Fairness Act and commend Rep. Mark Harris and Senator James Lankford for championing this vital legislation. With President Trump back in the White House, we are eager to see this bill reach his desk, finally ending the destructive grip of the Johnson Amendment once and for all.”

“The First Amendment guarantees every American the right to free speech and free practice of religion. It is the very bedrock of our republic; the federal government has no authority to infringe upon those rights simply because one has entered a house of worship. For decades, however, an unconstitutional provision in the U.S. Tax Code called the Johnson Amendment has silenced religious leaders from speaking openly from the pulpit. As a pastor before coming to Washington, I was personally harassed by the IRS. 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. I’m proud to again join my colleagues in introducing the Free Speech Fairness Act to repeal the Johnson Amendment and fully restore Americans’ constitutional rights to express their beliefs,” said Jody Hice, President of Family Research Council Action.

“The Free Speech Fairness Act is a commonsense change that will enable nonprofit organizations to exercise the right of free speech more fully,” said Jim Mason, President of the Home School Legal Defense Association.

“The 1954 Johnson Amendment is a punitive measure that unfairly threatens the free speech rights of America’s pastors and Christian ministries. It is un-American and must be repealed. The James Dobson Family Institute thanks Rep. Mark Harris for protecting the free speech rights of America’s religious leaders and organizations, and urges quick, bipartisan passage of the Free Speech Fairness Act,” said Gary Bauer, Senior Vice President of Public Policy, James Dobson Family Institute.

“The Johnson Amendment violates this nation’s historic respect for the independence of its houses of worship by inviting the IRS to investigate and intimidate churches for political advantage.  The Free Speech Fairness Act goes a long way to restoring this nation’s commitment to protecting our houses of worship and the religious liberty of its leaders,” said Jeremy Dys, Senior Counsel and Chair of Religious Institutions Practice Group at First Liberty Institute. Read the full text of the legislation here.

###