Advocacy Limits Violate the Constitution

To the Editor:

I agree with Vince Stehle (“An Important Vote to Protect Charity Lobbying Rights,” April 9) that the proposed amendment to the Serve America Act to restrict lobbying by certain taxpayer-financed nonprofit groups would violate the First Amendment. However, his openly anti-Republican piece neglects the larger role of Democrats in restricting nonprofit advocacy, and ignores justifiable concerns of a larger population whom he disparages as “a small and extreme element in our society.”

It was, of course, a Democrat, Sen. Lyndon Johnson, who added the provision to the tax code prohibiting lobbying by charities.

Mr. Stehle attempts to paint Republicans as the enemy, but omits the hundreds of examples in recent years of Democrats’ infringing on nonprofit advocacy rights. He also misses what Robert Sirico’s letter to the editor (“Is It Wise for Charities to Accept Government Money?,” March 26) expresses as a few of the many reasons why taxpayer funding of nonprofits is unwise.

One recent example is Independent Sector’s response to President Obama’s proposal to reduce the deduction for charitable giving. One would think that a special-interest group for charities would fight that proposal tooth and nail. Instead, Independent Sector copped out and called it a “Solomon’s choice.”

Independent Sector had previously advocated for higher income taxes, presumably to make charitable contributions more attractive. Taxpayer-financed charities have advocated against repeal of the estate tax, which is really little more than an extortionist way for charities to obtain financing. Some charities recently praised the extremely partisan stimulus bill, insulting a substantial percentage of their donors.

Time after time, taxpayer money has made charities sycophants for politicians, or has made them stay quiet when they should have been vocal. Taxpayers and donors who finance the salaries and advocacy of nonprofit employees are learning that their money is not merely being used against their interests; they are becoming more aware of the many downsides of taxpayer funding for nonprofits.

Selective, partisan First Amendment righteousness within the nonprofit community may be expected. Donors insulted by taxpayer-financed charities and their representatives, though, have already begun shutting down their voluntary contributions. Republican and even Democratic politicians may begin to see the larger picture, which is that advocacy is a right, financing is not.

Mark Fitzgibbons
President of Corporate and Legal Affairs
American Target Advertising
Manassas, Va.