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Forbes Opposes IRS Proposed Rule Restricting First Amendment Rights

Contact: Hailey Sadler, 202-225-6365

WASHINGTON, Feb. 21, 2014 /Standard Newswire/ -- Today, Congressman J. Randy Forbes (VA-04) sent a letter to IRS Commissioner John Koskinen and submitted a public comment opposing the IRS proposed rule governing 501(c)(4) organizations.

The IRS has proposed a new rule that will restrict the First Amendment rights of 501(c)(4) organizations. The purpose of 501(c)(4) organizations is to promote social welfare, furthering the common good and general welfare of the people.  Though the primary purpose of 501(c)(4)s cannot be to engage in political activities, they are currently permitted to engage in informational activities related to an election, and many of them promote civil engagement by organizing voter registration drives and publishing factual, nonpartisan voter guides for the electorate.  The proposed rule, however, would amend current regulations by indicating that the promotion of social welfare does not include "candidate-related political activity."

"The proposed rule conflates the difference between robust public discourse and electioneering," Congressman Forbes stated.  "Many of these organizations are engaged in bettering their communities by strengthening families, empowering mothers and fathers, and encouraging individuals to be engaged in their communities. Taking into account the significant ways in which political debates about social policy affect these organizations, the proposed regulations will effectively bar these organizations from participating in legitimate, nonpartisan conversations about civic engagement.  If this rule is finalized, many of these organizations will be entirely removed from the marketplace of ideas because of the restrictions the rule places on their freedom of speech."

Congressman Forbes further noted the impact that the rule would have on faith-based 501(c)(4)s: "A misunderstanding of the idea of separation of church and state often leads people to falsely conclude that faith-based organizations should be barred from civic engagement, when the spirit of this separation is actually to protect religious institutions from governmental pressure to alter religious belief or practice.  In order for faith-based organizations to protect their freedom from government intrusion, they must be permitted to comment and engage on policies, regulations, and legislation that will affect them."

Congressman Forbes is the Founder and Co-Chairman of the Congressional Prayer Caucus, a bipartisan group of 100 Members of Congress committed to defending America’s heritage of religious freedom.