Free Speech Fairness Act

Summary#

This bill would add a new rule to section 501 of the Internal Revenue Code. It says a 501(c)(3) organization shall not lose its tax-exempt status and shall not be treated as having participated in or intervened in a political campaign only because of the content of a statement if that statement (A) is made in the ordinary course of the organization’s regular and customary activities to carry out its exempt purpose, and (B) causes the organization to incur not more than de minimis incremental expenses. The amendment lists affected code sections and applies to taxable years ending after the date of enactment.

What it means for you#

If you run a 501(c)(3) organization, the bill would allow you to make statements related to political campaigns when those statements are part of your normal, customary activities and when any extra costs are minimal. If you are a donor, member, or the public, the bill text does not provide additional details about changes to donations or other direct effects.

Expenses#

The bill limits covered statements to those that result in "not more than de minimis incremental expenses," but it does not define the amount or provide a cost estimate. No publicly available information on federal cost estimates or budgetary effects is included in the bill text or provided metadata.

Proponents' View#

No publicly available information in the bill text or provided metadata describes proponents' public statements, detailed reasons, or supporting arguments beyond the bill's stated change to the tax code.

Opponents' View#

No publicly available information in the bill text or provided metadata describes opponents' public statements, concerns, or arguments against the bill.