AN ADDENDUM FROM
THE BOARD OF DIRECTORS OF THE FREE SPEECH
COALITION
January 1995
The constitutional principles embodied in
the First Amendment are under threat. By direct assault or
by dint of overwhelming regulation, regulations and laws
today prevent the free exercise of the right of assembly,
the freedom of speech and the right to petition government
for the redress of grievances.
We anticipate that the impulse to
regulate will continue to be strong -- whether the
ostensible purpose is to protect unwary consumers, to police
a government definition of truth, or to simply discourage
political dissent, the fight will be ongoing. To those
concerned about the continued ability of Americans to band
together to pursue a common goal, the Free Speech Coalition
opens its doors.
We seek the membership of concerned
nonprofit groups, concerned corporations and individuals.
Part of our strength comes from our diversity, gathering
members from groups generally known as of the left and of
the right, plus many solidly "nonpartisan" organizations as
well.
We believe that the papers and dialogue
from our conference printed in this publication will be
illuminating for some years. As this is published, however,
there are several illustrative threats facing nonprofit
groups that are worth listing.
What if nonprofit direct mail on issues
could no longer be mailed using the special third class
rate? This was proposed by Senator Ted Stevens, new Chairman
of the Senate Subcommittee on Federal Services, Post Office
and Civil Service.
What if a nonprofit's educational-program
mailing mentions fundraising in only 5% of the entire piece
but it must account the total expenses of the mailing as
fundraising?
What if all states adopt Hawaii's massive
restrictions on renting mailing lists and prospect mailing?
(A group must now get permission from an individual in that
state before mailing a request for support to
him/her.)
And what if other states follow Utah's
law requiring all those who raise funds be finger
printed?
What if all states, like Kentucky,
require background checks on all fundraisers?
What if donors' names and donation
amounts would have to be disclosed to a new the Office of
Lobbying Registration and Disclosure? The 1993/4 Lobbying
Disclosure Act would have imposed that requirement on all
registrants.
What if a nonprofit group advocates any
policy changes? If the Clay Amendment passes, affected
nonprofit will have to complete the same forms required by
political committees, filing quarterly with the Federal
Election Commission; disclose donors, and be subject to
massive FEC penalties.
NASCO (The National Association of State
Charitable Officers) wants Congress to give state regulators
access to all confidential IRS Audit and examination records
of 501(c)(3) and 501(c)(4) groups. If a nonprofit is subject
of an IRS audit, should state officials be given a fishing
license to look at all that data?
"Not Printed or Mailed At Taxpayer
expense," on third-class mailings constitutes
misrepresentation according to Senator David Pryor.
What if all states, like Tennessee,
require registering professional fundraisers at $1,000 per
year? And all states, like Washington state, require a
$15,000 bond for all who raise funds?
How long will it be before all states
require the detailed language in fundraising contracts and
certified audits of nonprofits that Pennsylvania
does?
What if all cities adopt Columbus, Ohio's
new law and require all nonprofit groups who mail into that
community to register and file reports quarterly?
These actions put the freedom of speech,
the right to petition government for redress of grievances,
and the freedom of assembly in jeopardy. What nonprofits are
all about is to speak the language of the public and to
inform government of what the public wants. We are concerned
that certain legislators are ready to sacrifice the public's
ability to make its voice heard.
These issues exist; and they came about
because there was no voice of opposition. Nonprofits didn't
get involved. Now we, as nonprofits together -- and others
concerned about them -- can create the power and noise to
prevent the loss of our freedom.
Here are three examples of FSC's
successes. We defeated a proposal requiring nonprofit
organizations that do any policy advocacy to file with the
FEC. We also mobilized massive opposition against the
Stevens proposal to eliminate special third class mail usage
for nonprofits exercising their rights of public policy
advocacy. We helped kill the Lobbying Disclosure Act which
would have required disclosure of all members and donors'
names.
FSC also has an active Litigation
Committee working on court cases contesting onerous
regulation. We have a lobbyist in Pennsylvania seeking to
change that state's law. There is a need to do much, much
more.
If these issues are important to you,
become involved by joining the FSC. Most nonprofits are
members because they realize that the FSC's ability to
lobby, litigate and educate Congress and states across the
nation is far less expensive than the alternative --
conforming to new regulations and laws which push up costs
and strap nonprofits.
FSC was formed in May of 1993 to lobby,
litigate and educate on behalf of nonprofits. Here are some
of the benefits of membership:
Up-to-the-minute Legislative Alerts
through our fax network which tells you what's happening in
Congress, and what members can do to help.
Reports on FSC's litigation efforts
contesting unfair and unjust laws.
An FSC lobbying staff in Washington (and
in Harrisburg, PA), working on legislation affecting
nonprofits.
A free, one-year subscription to one of
two journals: Philanthropy Monthly or NonProfit Times to all
full members (see application).
Attendance to our annual Free Speech
Leadership Conference at the Freedom Forum.
Attendance at other seminars highlighting
major legislative and technical issues on the laws and
regulations affecting nonprofits.
FREE SPEECH, The Free Speech Coalition
Newsletter.
Thank you in advance for participating in
our efforts to create a strong Free Speech Coalition.
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