Examining a Church’s Right to Free Speech

PURPOSE:

• To examine the Johnson Amendment’s effect on churches’ and other non-profit organizations’ freedom of speech.

BACKGROUND:

• The Johnson Amendment prohibits churches and charitable organizations from engaging in any political campaign activity – violators risk losing their tax exempt status or facing penalty excise taxes.
• Because the Amendment is an absolute prohibition, it results in self-censorship and chills church leaders’ political speech even when current issues intersect with the core tenants of their religion.