Last October the Illinois Family Institute brought attention to the “Free Speech Fairness Act.” Now faith leaders from around the country, including IFI’s executive director David E. Smith, are signing a letter addressed to U.S. House Speaker Paul Ryan and Majority Leader Kevin McCarthy calling for the passage of the bill. This letter was delivered earlier this week.

Here is the opening paragraph of the letter:

We, the undersigned, representing hundreds of thousands of Americans, want to thank you for your commitment to preserving the rights secured in the First Amendment of the Constitution, specifically the rights to freedom of religion and speech. Unfortunately, since its passage, the Johnson Amendment has effectively squelched both of those rights in the context of activities that could be construed by the IRS as on behalf of or in opposition to a candidate for public office. That is why we support the Free Speech Fairness Act of 2016 (H.R. 781, “Fairness Act”), introduced by Whip Steve Scalise (R-La.) and Representative Jody Hice (R-Ga.) to protect the speech and religious freedom rights of 501(c)(3) organizations and their leaders. We encourage you to prioritize hearings and votes on this important bill.

A lot has been written about the existing and growing threats to religious liberty for the past couple of years, and the infamous “Johnson Amendment” even became an issue during the presidential campaign.

H.R. 781 would restrict enforcement of the Johnson Amendment against churches and other non-profit groups for whom the law was never intended. You can find more information about that legislation by clicking here, as well as a great deal more information on the Johnson Amendment here.

In addition, both the Family Research Council and the Alliance Defending Freedom have information posted outlining the details of the legislation and why it is needed. FRC has published a one-page outline that answers the following questions:

• What Does the Bill Do?
• Why is the Bill Needed?
• What’s The Background on the Johnson Amendment?
• Has the IRS Gone After Nonprofits For Speaking Out On Political Issues?
• Who Supports the Bill or the Policies Represented in the Bill?

At their website, the Alliance Defending Freedom lists “5 Things to Know about the New Johnson Amendment Fix“:

1. The bill fixes but does not repeal the Johnson Amendment.
2. The bill applies to all 501(c)(3) entities, not just churches.
3. The bill does not turn churches and charities into political action committees.
4. The bill is constitutionally sound.
5. The bill is the first step in getting Congress to fix what it created in 1954.

Both FRC and ADF have videos posted that also outline the facts — here is ADF’s 3-minute video:

So many moral issues in the political arena must be addressed by church leaders inside the church – and not just by Christians outside the church. We must reclaim our God-given First Amendment right of free speech. It doesn’t just belong to those on one side of the debate.

Take ACTION:  Click HERE to send a message to your U.S. Representative to ask him/her to support or even co-sponsor this legislation. Speak up for free speech by telling them you want the Johnson Amendment repealed. Tell them they can start the process by cosponsoring H.R. 781, the Free Speech Fairness Act.

As of this writing, H.R. 781 has 57 Republican co-sponsors, including Illinois’ U.S. Representatives Randy Hultgren (Campton Hills) and John Shimkus (Effingham).

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Some of our best voices in the nation are being silenced when it comes to discussing the critical issues facing the country. It just so happens that every Sunday you can hear one of these voices speaking from the pulpit about salvation and the Bible and Jesus Christ. Unfortunately, too often those preachers fear wading onto ground that is deemed “political.”

Here’s the problem, though. These days almost everything is being made into a political issue – and that’s being done on purpose by those that wish to see an ever-growing government and an ever-shrinking private sector. When everything is politics, then issues like life, marriage, adoption, euthanasia (the list goes on and on) become off limits for discussion inside the church.

It wasn’t always this way in America. From the founding of the country, the “Black Robed Regiment” set the standard for Christian men and women to speak forcefully about the issues of the day.

Then in 1954, the IRS code was amended by then U.S. Senator Lyndon Baines Johnson (D-TX) to silence his opponents during his reelection campaign.  The “Johnson Amendment” — as it is known — “absolutely prohibits” 501(c)(3) tax-exempt groups from “directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office” or making “contributions to political campaign funds or public statements of position.”

During the decades since, that Johnson Amendment has been used to intimidate pastors from discussing any moral issue that has now become “political.” For fear of losing their non-profit status, church leaders choose to vacate the public square when it comes to key matters of right and wrong. We have seen the consequences of that silence in our culture over the course of these many decades.

In recent months there has been serious public discussion about repealing the “Johnson Amendment,” and initial steps are already being taken with the introduction of legislation to “amend” the amendment. This bill, introduced by U.S. House of Representatives Majority Whip Steve Scalise (R-LA) and Jody Hice (R-GA), is called the Free Speech Fairness Act (H.R. 6195).

This new legislation would restrict enforcement of the Johnson Amendment against churches and other non-profit groups for whom the law was never intended. You can find more information about that legislation by clicking here and here, as well as a great deal more information on the Johnson Amendment here.

So many moral issues in the political arena must be addressed by church leaders inside the church – and not just by Christians outside the church. We must reclaim our God-given First Amendment right of free speech. It doesn’t just belong to those on one side of the debate.

Take ACTION:  Click HERE to send a message to your U.S. Representative to ask him/her to support or even co-sponsor this legislation. Speak up for free speech by telling them you want the Johnson Amendment repealed. Tell them they can start the process by cosponsoring H.R. 6195, the Free Speech Fairness Act.

Our get-out-the-vote campaign is up and running. We are distributing the IFI Voter Guide to hundreds of churches, civic groups and tea party organizations. Will you financially support our endeavor to educate Illinois voters and promote Judeo-Christian values?  Donate today.

Written by Erik W. Stanely

Late last month, U.S. Representatives Steve Scalise (R-LA) and Jody Hice (R-GA) introduced a bill in the U.S. House called the Free Speech Fairness Act (H.R. 6195). The bill is aimed at fixing the Johnson Amendment, a 1954 addition to the tax code that gives the IRS the ability to censor the speech of pastors, churches, and other nonprofit entities on issues related to candidates and elections. Here are five things you need to know about the bill:

1.  The bill fixes but does not repeal the Johnson Amendment.

The bill does not repeal the Johnson Amendment. Instead, it amends the law to allow for speech that is made “in the ordinary course of the organization’s regular and customary activities.” This means that, as you carry out the mission of your church, you would have the right to speak freely on all matters of life, including candidates and elections, and would not have to fear IRS censorship or punishment for simply exercising your right to free speech and freedom of religion. Put simply, the bill inserts a “relief valve” for speech into the Johnson Amendment and gets the IRS out of the business of policing the speech of America’s pastors and churches.

2.  The bill applies to all 501(c)(3) entities, not just churches.

The bill is not just limited to churches but applies to all entities organized and operating under section 501(c)(3) of the Tax Code. It is not just churches and pastors who suffer under the draconian regulations and penalties associated with the Johnson Amendment—it applies to all 501(c)(3) organizations. Because this is true, the fix should also apply to all 501(c)(3) organizations. The IRS never should have been put in the position of policing the speech of nonprofit entities and this bill will remove that power from the IRS—a governmental agency that has been proven to abuse this type of power in the past and so should not be entrusted with it.

3.  The bill does not turn churches and charities into political action committees.

The bill is specifically crafted to maintain the prohibition against 501(c)(3) organizations contributing money to candidates or campaigns. The bill only allows for speech in the “ordinary course of the organization’s regular and customary activities” so long as the organization does not incur “more than de minimis incremental expenses” for the speech.  Put simply, this means that speech about candidates and election can be added to whatever your organization is already doing as long as it does not cost the organization more than a de minimis (“an insignificant”) additional cost. The bill does not allow for campaign contributions to candidates or parties.

4.  The bill is constitutionally sound.

The bill removes a very unconstitutional restriction on speech that has existed for over 60 years. By applying it to all 501(c)(3) organizations, U.S. Reps. Scalice and Hice have introduced a constitutionally sound bill that provides relief to exempt organizations and removes the IRS from the speech police business.

5.  The bill is the first step in getting Congress to fix what it created in 1954.

The introduction of the bill is the first step toward fixing the unconstitutional Johnson Amendment. There are many more steps to the legislative process before the bill can become law and provide the relief America’s pastors and churches are seeking.  Nevertheless, the introduction of this bill is an encouraging sign.

There’s been a lot of talk about the Johnson Amendment this election cycle, shining some light on what has been a veil of silence over churches and non-profits for over 60 years. The more people learn the facts about this unconstitutional law, the more they understand why a fix like the Free Speech Fairness Act is needed to protect the constitutional freedoms of everyone—including pastors and churches.

Get your FREE guide to understanding the Johnson Amendment and how to navigate “political” issues this year here.

This article was originally posted at the ADF blog.