The Free Speech Fairness Act of 2025

by Lilly Gioia

As a congregation we all know our federal tax exempt status could be lost if we publicly endorse a political candidate. We purposely refrain from doing that because of the JOHNSON AMENDMENT, a law prohibiting any non-profit organization 501(c) (3) from endorsing OR opposing political candidates.

Organizations that provide charitable or socially beneficial services to the community pay NO TAXES and raise funds through tax-deductible donations. Political activities are blatantly inconsistent with those community service goals. If churches are allowed to become political arms of one party or another, the political contributions would effectively become TAX DEDUCTIBLE and less trans- parent than current law allows. The Johnson Amendment is an important barrier to the politicization of non-profits and churches.

That’s why HR.2501 & S.1205, the Free Speech Fairness Act is so dangerous. It kills the Johnson Amendment and allows churches to become big piggy banks for tax-deductible political donations. I call this church pollution. If this threat concerns you, do let your Representative and our Senators know what you think!

In addition to this tax debacle, there is another very dangerous development. In May The House Ways & Means Committee passed a bill giving the

Treasury Secretary power to accuse any non-profit of being a “terrorist supporting organization” without basic due process. Charities that feed the hungry, churches and faith communities, veterans’ groups that care for our heroes, and countless other service providing organizations are at risk today because of this proposed tax bill change. It hands any president’s administration power to label any non-profit as potential enemies of the state if they disagree with the president’s political agenda.

Whether it’s an organization providing health care in a disaster, a small rural church, or a local food bank, NO organization is safe if this becomes law. No president should have the power this bill provides to punish political opponents.

Over 200 charities, churches and non-profits are protesting this threat to their tax status should a Treasury Secretary designate them with NO DUE PROCESS as a terrorist supporting organization.

Section 112209 on page 390 of HR.9495 gives the Treasury Secretary the ability to accuse any nonprofit organization of being “terrorist supporting” which would then trigger a process that jeopardizes their tax exempt status, risks them being de-banked, and can result in long term reputational impacts.

Among the 200+ groups already objecting to being designated a terrorist threat are the AFL-CIO, the American Library Association, the Sierra Club, the Committee to Protect Journalists, Pax Christi USA, Indivisible, the League of Women Voters, Evangelicals for Democracy, the Interfaith Alliance, the Center for Science in the Public Interest, the American Public Health Association, Action Together NEPA, Muslim Public Affairs Council and the American Federation of Teachers.

In case you didn’t think churches and public service groups were targets of Project 2025 supporters, think again.