The National Religious Broadcasters, the conservative organization Intercessors for America and two Baptist churches say the prohibition on tax-deductible charities endorsing politicians for office infringes on their First Amendment rights.
Lawyers representing the group filed a lawsuit last week to challenge the so-called Johnson Amendment, a 1954 law that prevented churches from engaging in politics. They argued that the IRS selectively enforces its prohibitions on nonprofit 501(c)3 groups endorsing candidates.
The filing stated that the plaintiffs “believe that nonprofit newspapers have a clear constitutional right to make such endorsements or statements” and that therefore they “simply contend that they should also have the same freedom of speech.”
The suit says that “hundreds of newspapers are organized under 501(c)(3), and yet many openly endorse political candidates.”