My understanding is that this is explicit to a constitutional guarantee of
freedom of the pulpit (freedom of speech / freedom of religion) which I
expect might not be implied to extend to include other kinds of
not-for-profits.
Much as museums often resemble churches in governance issues, interpretive
roles, volunteer involvement, and public expectation of credibility.... the
tax structure under which we operate is fundamentally a form of government
financial support. In fact, I believe that churches are considered tax
exempt whether or not they have filed for a 501(c)(3) (per our County
property tax office).
Lucy Sperlin
Chico, CA
-----Original Message-----
From: Museum discussion list [mailto:[log in to unmask]] On Behalf
Of Matthew White
Sent: Monday, September 29, 2008 6:50 AM
To: [log in to unmask]
Subject: Pulpit Freedom Sunday
See article here
http://www.washingtonpost.com/wp-dyn/content/article/2008/09/28/AR2008092802
365.html
I was wondering what museum professionals thought of this.
33 pastors, in violation of IRS regulations, explicitly advocated to their
parishioners that should vote for a specific presidential candidate. They
did this to violate the law, be charged by the IRS in order to overturn the
regulation that they cannot, as non-profits with tax exempt status
participate in partisan politics. They believe it interferes with their
first amendment rights.
I think this could potentially have huge effects on how museums and other
non-profits do business and how we are percieved by the public. I think this
regulation, while annoying at times, does shield us from the worst of
partisan politics and from being used by local politicians as part of their
machines and fund raising. Think about how we would approach a politician
for support on anything knowing that politician could ask us to openly
support, advocate, and raise money for him/her. Since charitable giving is
tax deductible and political donations are not, could non-profits, including
museums, be used to "launder" donations to political campaigns?
But then maybe I am wrong and this is not a huge issue for museums or maybe
it could be a benefit.
And any discussion of this issue, assuming we want to keep it civil, should
steer clear of exactly which churches these are and who they advocate for.
That seems less important than the implications of this as a legal and
ethical matter.
Some questions:
Assuming this goes to court, will museums support the removal of this
restriction or its retention? Should our professional organizations file
amicus briefs for or against this move?
Is this regulation more of a help or a hinderance in fulfilling our
missions?
What if it is overturned, but only for religions? What would museums think
about this?
What if it is overturned, how would museums adapt? Would we jump into
partisan politics or retain some neutrality?
Would politicians allow us to remain neutral if we didn't have to be?
How would this effect, if at all, the movement of museums to become more
civically engaged and even open advocates on issues. Would this change the
cost-benefit analysis at all?
Would the public see us differently if we could no longer be counted on to
be neutral?
I am really curious what people here think.
Matt White
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