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Tuesday, September 16, 2014
Description: Pulpit Freedom Sunday is an event associated with the Pulpit Initiative, a legal effort designed to secure the free speech rights of pastors in the pulpit. Pulpit Freedom Sunday encourages pastors to exercise their constitutionally protected freedom to speak truth into every area of life from the pulpit. Alliance Defending Freedom also hopes to eventually go to court to have the Johnson Amendment struck down as unconstitutional for its regulation of sermons, which are protected by the First Amendment.
IRS stonewalls coming clean on secret deal to investigate churchesTax agency misses legally required Sept. 11 deadline to produce information
Tuesday, September 16, 2014
In response to the ADF Freedom of Information Act request filed in July, the IRS wrote in a recent letter that it will not respond until Sept. 29. That’s well after the amount of time it is allowed by law, even though the information ADF is requesting is the same information the IRS has already provided to the Freedom From Religion Foundation, which struck a deal with the agency to end the lawsuit Freedom From Religion Foundation v. Koskinen.
In July, a Freedom From Religion Foundation press release announced it had reached a settlement with the IRS in its lawsuit against the agency. As the release revealed, “The IRS has now resolved the signature authority issue necessary to initiate church examinations. The IRS also has adopted procedures for reviewing, evaluating and determining whether to initiate church investigations.”
The IRS claims it is temporarily withholding investigations of all tax-exempt entities because of congressional scrutiny of its recent scandals, but no one knows when it will decide to restart investigations based on any new or modified rules that it develops. Because of that, ADF submitted its FOIA request on July 22, but the IRS has not been forthcoming.
Several members of Congress, at least one state attorney general, and a number of concerned organizations have also asked the IRS to come clean on its settlement with FFRF.
The FFRF press release mentioned the ADF annual “Pulpit Freedom Sunday” as a motivation for its lawsuit against the IRS, which urged the agency to enforce what’s known as the “Johnson Amendment” against churches. Pulpit Freedom Sunday is an annual event encouraging pastors to speak freely from the pulpit on the issue of candidates and elections. Currently, the Johnson Amendment authorizes the IRS to regulate sermons and requires churches to give up their constitutionally protected freedom of speech in order to retain their tax-exempt status. This year’s Pulpit Freedom Sunday will be held on Oct. 5.
“The IRS cannot condition tax-exempt status on the surrender of a constitutionally protected freedom,” explained ADF Senior Legal Counsel Erik Stanley, who heads the Pulpit Freedom Sunday event. “Churches don’t have to give up their freedom of speech to remain tax-exempt any more than they have to give up their protection against illegal search and seizure. Nonetheless, the IRS appears to be honing its procedures for monitoring sermons and performing additional audits. Americans deserve to know what the IRS is up to.”
Alliance Defending Freedom is an alliance-building, non-profit legal organization that advocates for the right of people to freely live out their faith.
Additional resources: Pulpit Initiative | Pulpit Freedom SundayScroll down to view additional resources pertaining to this case and its surrounding issue
Tuesday, September 16, 2014
Previous news releases:
- 2014-07-24: IRS promises atheists it will intrude on churches, America deserves details
- 2013-06-07: Pastors to again stand for pulpit freedom this weekend
- 2012-10-05: Record 1,500 pastors to participate in Pulpit Freedom Sunday this weekend
- 2012-10-01: All present for pulpit freedom: pastors in 50 states, DC, Puerto Rico will fight IRS
- 2012-09-26: Grand total: More than 1,000 pastors to challenge IRS
- 2011-09-30: Participation in ADF Pulpit Freedom Sunday more than quadruples over last year
- 2011-09-12: 86 percent of pastors say gov’t shouldn’t regulate sermons under threat of revoking tax exemption
- 2010-09-27: Participants in annual Pulpit Freedom Sunday increase for third year
- 2010-09-23: Pastors ready for third-annual Pulpit Freedom Sunday on Sept. 26
- 2010-06-22: ADF agrees to represent SD church reported to IRS
- 2010-02-17: ADF attorney to debate at Stanford Law School on IRS religious speech restrictions
- 2009-10-05: Maine churches threatened with IRS complaints for supporting marriage
- 2009-09-24: Pastors ready for second annual Pulpit Freedom Sunday on Sept. 27
- 2009-07-28: IRS withdraws audit on Minn. pastor’s sermons
- 2008-09-29: ADF prepared to defend churches against possible IRS free speech investigations
- 2008-09-25: Pulpit Freedom Sunday
- 2008-05-09: ADF announces new initiative to reclaim pastors’ First Amendment rights
- Erik Stanley: IRS apologizes, more apologies necessary (Townhall.com, 2013-05-30)
- Erik Stanley: Government can’t require churches to abandon constitutional freedoms (Townhall.com, 2012-10-08)
- Alan Sears: Why pastors must be free to preach on politics (Townhall.com, 2011-10-05)
- Erik Stanley: IRS has no business telling pastors how to choose their words (Washington Times, 2011-10-02)
- Erik Stanley: What is Pulpit Freedom Sunday all about? (Townhall.com, 2011-09-14)
Legal documents, related news, and other related resources available in the right panel when this page is viewed at ADFmedia.org.