95.3 / 88.5 FM Grand Rapids and 95.3 FM Muskegon
Play Live Radio
Next Up:
0:00
0:00
0:00 0:00
Available On Air Stations

Johnson Amendment provides a "safe harbor" for 501(c)(3) organizations

Wikimedia Commons
/
Arnold Newman

During this week’s National Prayer Breakfast, President Donald Trump said he'll work to "get rid of and totally destroy" the Johnson Amendment.

What is it and what will it mean to do away with it?

“The Johnson Amendment was created in 1954 by Lyndon Baines Johnson who was interested in making sure that tax exempt entities like churches and nonprofits are unable to directly engage in partisan and political activity.”

That’s Kyle Caldwell, executive director of the Dorothy A. Johnson Center for Philanthropy at Grand Valley State University.

The Johnson Amendment impacts all 501 (c)(3) organizations like Goodwill or Habitat for Humanity.

“What it did in law was create a very bright line between church and state because it applies to faith-based organizations as well. And the reason this has come up during the aftermath of the political campaign is that there was a strong push from a number of faith leaders to repeal the Johnson Amendment because they want to be able to, from the pulpit, talk about political candidates and political issues without any restrictions.”

President Trump says religious freedom is a "sacred right” and a freedom of speech issue.

Caldwell explains there has never been a restriction placed on faith-based organizations from voicing “their opinions in the political space.”

“What they can’t do is have a tax exempt status while they do it.” Caldwell says the Johnson Amendment created a “safe harbor.”

“Because they knew that this bright line allowed them to engage in activities to problem solve, to have opinions on issues, but so long as they didn’t get into endorsing or opposing political candidates, they were able to engage in whatever speech they like. If the Johnson Amendment is repealed it blurs the lines and it also removes that safe harbor for nonprofits. It is going to create a great deal of confusion for those organizations wanting to still engage in community dialogue but remain nonpartisan.” Caldwell explains if the Johnson Amendment is repealed “it could open opportunities for political campaigns to be channeled through 501 (c)(3) organizations.”

Patrick Center, WGVU News.

Patrick joined WGVU Public Media in December, 2008 after eight years of investigative reporting at Grand Rapids' WOOD-TV8 and three years at WYTV News Channel 33 in Youngstown, Ohio. As News and Public Affairs Director, Patrick manages our daily radio news operation and public interest television programming. An award-winning reporter, Patrick has won multiple Michigan Associated Press Best Reporter/Anchor awards and is a three-time Academy of Television Arts & Sciences EMMY Award winner with 14 nominations.