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Why does the government have the right to control speach in tax exempt churches?
Why did anyone in this country ever give the IRS such a power? So tax exempt means no right to freedom of speech? Sounds like a slippery slop to me. Explain this please. Doesn't the constitution rule the land, not some IRS law?
13 Answers
- 1 decade agoFavorite Answer
lol! The Churches themselves agree to this when they file for the tax exemption. Seems fair to me.
There is a word for questions like yours, "newspeak."
- 1 decade ago
Yes, the constitution rules the land, and it is NOT an IRS law that keeps the churches from preaching policy from the pulpit. It Is congress. In exchange for the tax exemption, "Section 501(c)(3) of the Internal Revenue Code of 1954 (Code) grants tax exemption to certain nonprofit organizations "no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation." (Regan v. Taxation With Representation, 461 U.S. 540 (1983))
"A definitive court case on the issue of free speech and political expression is Branch Ministries Inc. versus Rossotti. In that case, the court upheld the constitutionality of the ban on political activity. The court rejected the plaintiff church's allegations that it was being selectively prosecuted because of its conservative views and that its First Amendment right to free speech was being infringed.
The court wrote: "The government has a compelling interest in maintaining the integrity of the tax system and in not subsidizing partisan political activity, and Section 501(c)(3) is the least restrictive means of accomplishing that purpose." --IRS website (see below)
The church can very easily give up its tax exempt status if it wants to talk political policy and try to influence the political landscape from the pulpit.
EDIT: The income tax system was established in the 1860's during the civil war (NOT by Wilson in 1913, it was ratified then)
Source(s): http://www.irs.gov/newsroom/article/0,,id=161131,0... http://www.irs.gov/pub/irs-utl/branch_ministries.p... http://supreme.justia.com/us/461/540/ - Boss HLv 71 decade ago
The condition of their tax exemption is that the entity will not be used for certain purposes, such as political machines.
Assembly is one thing, but misguiding people based on their faith and fear of hell is actually dangerous to American Ideals.
It is also unethical to claim to be non-for-profit wile promoting paritisan politics, even though a lot of right-wing think tanks do it.
They give the power to the government when they sign the tax exemption application.
Tax exemption is a privilege not a right, granted under specific conditions.
see page 5
- Anonymous5 years ago
honestly, if I examine it suitable, that is income tax that violates the structure and that no exemptions should be required in any respect. i believe the reason of the structure replaced into to maintain non secular freedom by holding the authorities's nostril out of it. yet at the same time as some politicians determined they needed individuals to have the benefits of income taxes (in effortless words quite lately) it had to make distinctive exemptions and loopholes for charitable activities and for his or her friends to avert tax. So now, the authorities receives to outline what faith is and no matter if any particular faith measures up - and this easily does violate the first change. i do not comprehend that any known faith has any form of exemption related to criminal acts merely because their faith believes in it. Mormons ought to opt to have many different halves even if the regulation would not enable them. yet another faith would not like some medical methods yet they have even been compelled to undergo them at countless situations. perchance there are religions obtainable that think of their flowers will enhance in the experience that they sacrifice a virgin or something and that i desire that isn't any longer allowed. I do look to remember seeing something about Indians being allowed to run classic ceremonies the position they ate peyote. no longer effective about that. yet i'm quite effective your theory about a cocaine snorting faith can no longer fly till there's a touch major fee in there for the authorities. in case you positioned a gaggle of politicians in a room and ask them to artwork something out, they're certain to pop out with something it is stupid and would not keep on with elementary experience. We should not be a great deal surprised about that.
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- Anonymous1 decade ago
A "tax exempt church" is tax exempt because they keep their nose out of politics. When a church gets into politics and the inner working of any Nation, they will and should lose that tax-exempt status.
- tonalc2Lv 71 decade ago
The prohibition against partisan speech is for ALL non-profit organizations, not just churches.
Apparently, at the time the law was passed (1954) the government was concerned with communists infiltrating the non-profits to fund subversive activities.
- Poohcat1Lv 71 decade ago
In order to maintain the tax exempt status, a group (any exempt group...including ACORN) must remain non-political or partisan. That way, the government knows??? that they are not in a sense funding one belief or another.
- yellow.45Lv 61 decade ago
what it means is since by not being taxed churches are existing as charities. they are allowed to receive money without having to pay taxes on it. charities are not allowed to engage in political activity as they are being 'funded' by the government. if churches were allowed to endorse political candidates that would basically be the government funding one side or the other of a political situation. churches can endorse political candidates if they choose to give up their tax free status. simple as that.
- 1 decade ago
If a political group hides behind the facade of a religious organization, that organization ceases to be a strictly religious group but a political group.
These groups can speak out but they risk the possibility of losing their tax exempt status. No one is stopping them.
- Anonymous1 decade ago
1) Every individual has the right to speak their mind.
2) Nobody has the right to be tax exempt.
3) The constitution gives individuals rights, not churches.