Free speech for pastors, too

For over 70 years, IRS threats have silenced many of America’s pastors, churches, and nonprofits. Under the 1954 Johnson Amendment, the tax-exempt status of charitable organizations and churches is put at risk if they dare to speak publicly about political candidates and parties.

By dangling the revocation of tax-exempt status over the heads of clergy—without which many churches and nonprofits could no longer function—the Johnson Amendment seeks to bully the spiritual leaders of our country into silence. It has done so by violating their constitutional rights and hindering their freedom to comment on the intertwined nature of politics and faith.

The First Amendment is abundantly clear: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech.”

The Founding Fathers fought against government overreach in the American Revolution and pledged to create a republic that recognizes the unalienable rights endowed to us by God. They would be furious about the federal tax-collection agency’s tyrannical attempt to muzzle people of faith.

America has a deep history of people of faith exercising their First Amendment rights from the pulpit. Indeed, some of our Founders were pastors themselves. For instance, Peter Muhlenberg, known as the “Patriot Pastor,” famously gave a rousing message from the pulpit, encouraging his congregation to join him in the fight against tyranny. In his final sermon before the Revolution, he preached to his congregation, “There is a time for everything … a time for war and a time for peace.” Muhlenberg urged his church to accompany him into battle when he tore off his clerical robe to reveal his military uniform and proclaimed, “And this is a time for war!”

Another Founding Father, John Witherspoon, was a Presbyterian minister who signed the Declaration of Independence and helped write the Articles of Confederation. Other clergymen like Lyman Hall and Robert Treat Paine were among the signers as well—not to mention that the majority of the Founders were people of faith.

With these men and more playing such an important role in our country’s birth, it is evident that the spirit of America’s founding has no room for the censorship of clergymen. It is no wonder that the first provision of the Bill of Rights enshrined these protections into our Constitution.

Questions that embody the essence of American politics are not exclusively political. Rather, era-defining issues such as abortion, transgender ideology, parental rights, and more are important matters for people of faith. Spiritual leaders should not be prohibited from speaking their minds about candidates who do not align with the central values of their faith.

In response to complaints in 2012 from the extreme left-wing Freedom from Religion Foundation, the IRS created a unit specifically designed to target churches for perceived violations of the Johnson Amendment. Since then, almost 100 churches have been marked as noncompliant.

However, this brazen targeting did not stop many courageous pastors. In 2008, the Alliance Defending Freedom established “Pulpit Freedom Sundays”—where pastors unapologetically proclaim their beliefs in church and send the videos to the IRS. I am proud to have participated in this bold tradition.

Congregations look to their pastors for important advice on all matters. Unfortunately, the IRS has sought to deprive them of the ability to hear the unvarnished truth from the pulpit. The Johnson Amendment casts a cloud on free speech, creating an unconstitutional chilling effect.

In order to restore the unalienable right to free speech to all Americans, I’ve introduced the Free Speech Fairness Act. This legislation would make crucial changes to the Johnson Amendment by allowing for clergy and nonprofit leaders to speak up on political issues and candidates as long as the speech occurs in the ordinary course of the organization’s activities and has minimal cost associated with it.

During President Trump’s first administration, he issued an executive order directing the IRS to limit its enforcement of the Johnson Amendment. While this was a great first step, Congress must pass permanent legislation to ensure that no matter who is in the White House, American pastors are not censored. I am proud to lead this charge to ensure that pastors can speak openly to their congregations.