Imagine if unelected federal bureaucrats from the IRS ordered HSLDA
and similar organizations to never hold another nonpartisan voter
registration drive, or said that it was illegal for HSLDA to mention the
name of a local, state, or federal elected official 30 days before a
primary or 60 days before a general election.
Imagine no longer. The IRS, in keeping with its annual attempt to be
considered America’s favorite government bureaucracy, issued a Notice of
Proposed Rulemaking on Friday, November 29, 2013 (the day after
Thanksgiving!) seeking public comments on this draconian proposal.
HSLDA is incorporated as a 501(c)(4) organization. The 501(c)(4)
status has existed since 1959. In fact, ever since the income tax was
first established in 1913, the federal government included exemptions
from federal income taxes for organizations which “promote social
welfare.” This is because our government for the longest time has
recognized that it is healthy for democracy for Americans to band
together into organizations to speak with one voice about an issue. The
NRA, the Sierra Club, the ACLU, and thousands of other organizations
from every political affiliation are all 501(c)(4) organizations.
Forced Silence
With this proposed rule, however, the IRS—and our federal
government—has taken the position that it is against public policy for
organizations to communicate with their membership and the public about
what government is doing. If this proposed rule is finalized, countless
organizations will be unable to tell their members what the government
is doing, and how they can make a difference.
In addition, although the proposed rule only applies to 501(c)(4)
organizations such as HSLDA, it will likely impact 501(c)(3) charities
such as churches and many small homeschool support groups.
These
entities are currently allowed to hold nonpartisan voter registration
drives and release nonpartisan voter guides, but if this proposed rule
is finalized, they could be targeted by the IRS next.
On Friday, January 10, HSLDA filed a public comment opposing this
proposed rule. We encourage you to also file a public comment opposing
this proposed rule. Regardless of your political views, it is outrageous
for the federal government to even consider restricting the free speech
rights of American citizens who are part of an organization dedicated
to amplifying their voice on a certain issue.
What You Can Do
Please
click here to read HSLDA’s public comments. Then please
click here
to go to the Federal Register page to read this proposed rule, and to
file a public comment (look for the green button that says “submit a
formal comment.”) Please note that your name will be public, but you are
not required to include your address.
By law, the IRS is required to read and address every comment. The
more citizens who file public comments, the more Congress, the
administration, the media, and others will take notice of this
unprecedented attack against the First Amendment’s free speech clause.
It is not necessary to identify yourself as a homeschooler. Your
comment can be very simple and merely urge the IRS to reject the
proposed rule as it violates the First Amendment’s Free Speech clause.
Or, you can use the sample text below and add to it as you wish.
Suggested Sample Comment: “I urge the IRS to reject this proposed
rule in its entirety. This proposed rule violates the First Amendment’s
Free Speech Clause. It silences ordinary Americans who join a 501(c)(4)
organization in order to join with other Americans in a common cause. It
makes it harder for ordinary Americans to find out what their
government is doing at the local, state, and federal level. This
proposed rule is unnecessary.”
Since HSLDA was founded in 1983, we have fought for our members and
the homeschool community by ensuring that elected officials leave
homeschool freedom alone. We have also fought for free speech, so that
American citizens can hold their government accountable. We will not
rest until this proposed rule is defeated, either by the IRS withdrawing
it, through congressional action, or in the courts.
