In just over 100 days, the second Trump administration’s executive actions and policy changes have shaken up nonprofits — affecting their funding sources, cash-flow projections, programmatic work, and more. Yet many nonprofits are unsure whether or how they can protest these changes. In a new article for the Chronicle, Roger Colinvaux, a professor at the Columbus School of Law, the Catholic University of America, explains how tax-exempt charities are legally allowed to lobby.
“Most advocacy activity is protected by the First Amendment and is not limited by tax law so long as it’s related to the organization’s mission,” Colinvaux writes. “You may lawfully engage in advocacy activity, and, consistent with your mission, have a hand in shaping public policy through direct and grassroots action.”
While the tax code does limit the amount of lobbying nonprofits can do, Colinvaux emphasizes that this limitation only applies to legislative lobbying — advocacy that is concerned with influencing bills under consideration in Congress or state and local legislative bodies. Lobbying on enacted law, judicial decisions, or executive actions is all fair game, according to Colinvaux.
“You may endorse or condemn executive action to your members, to the public, to members of Congress, even to the world,” Colinvaux writes. “Your group could run banners on its website with opinions about public policy without triggering the lobbying limit.”
Still, there are limits on how tax-exempt charities may advocate. For example, nonprofits face limits on how much they can directly communicate with lawmakers, administration officials, or their staff to advance specific views on particular pieces of legislation.
For more details and nuance on nonprofit advocacy, read Colinvaux’s full article, “Know Your Rights: How Much Can Tax-Exempt Groups Speak Out?”
Have a great week,
Emily Haynes
Senior Editor, Nonprofit Intelligence
P.S. Check out our new podcast Nonprofits Now: Leading Today for smart solutions to common leadership challenges.
