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The Johnson Amendment: Safeguarding Nonprofit Nonpartisanship in a Polarized Era (FREE CalNonprofits Event)

July 30 @ 1:00 pm – 2:15 pm CDT

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Since its enactment in 1954, the Johnson Amendment has served as a cornerstone in maintaining the nonpartisan nature of 501(c)(3) nonprofit organizations. This provision prohibits tax-exempt entities, including charities, religious institutions, and educational organizations, from endorsing or opposing political candidates. However, recent political discourse has reignited debates over its relevance and enforcement, raising concerns about the potential erosion of public trust in the nonprofit sector.

Today the Johnson Amendment faces unprecedented challenges. Legislative efforts, such as the proposed “Free Speech Fairness Act,” aim to repeal or weaken the amendment, potentially allowing nonprofits to engage in partisan political activities while retaining tax-exempt status. Critics argue that such changes could transform charities and churches into vehicles for undisclosed political contributions, undermining the integrity of the nonprofit sector. Simultaneously, enforcement of the Johnson Amendment remains inconsistent. Reports indicate that some religious organizations have openly endorsed political candidates during services, with limited IRS intervention. Legal challenges have also emerged, with certain groups suing the IRS, claiming that the amendment infringes upon their First Amendment rights.

This webinar will delve into the historical context, current challenges, and future implications of the Johnson Amendment, including:

  • The origins and intent behind the 1954 legislation
  • The role of the amendment in preserving the integrity and public trust of nonprofits
  • Recent efforts to challenge or repeal the provision and their potential impact
  • Guidance for nonprofit leaders on navigating advocacy and political engagement within legal boundaries

Speaker Information

Ben Kershaw, Director of Public Policy and Government Relations at Independent Sector Professor

Ellen P. Aprill, Senior Scholar in Residence at UCLA School of Law’s Lowell Milken Center for Philanthropy and Nonprofits

Professor Darryll K. Jones, Florida A&M University College of Law and co-editor of the Nonprofit Law Professor Blog

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