Chris
06-13-2013, 08:14 AM
Transcript from IRS Agent: You Have Free Speech, But Don’t Exercise It (http://www.theamericanconservative.com/dreher/irs-agent-pro-life-free-speech/#post-comments):
Agent Sherry Wan (:06-:41) – “…so you have your right. You have your freedom. You have your religious rights. You have a right to believe what you believe. You have the right to think about what you should do, what is right for you to do. OK. And, but, however, this freedom also [unintelligible] to other people. Other people also have the freedom. You know, for the personal view, maybe I go with you. However, I have to [unintelligible] the Internal Revenue Service. I have to stick with the law. Because, you know, we have to keep it neutral.
Client Ania Joseph (:41-:44) – I understand that you have to stick with the law.
Agent (:44-1:17) – Yeah, you have the religious freedom; the freedom of speech. And other people also have the civil rights; human rights. You cannot, you know, use your religious belief to tell other people you don’t have a belief, so I don’t believe you need the right to do this, start confrontation, protesting, uh, prot, uh, protest. [unintelligible] You don’t apply for tax exemption.
Full transcript and audio available at link.
Now from When the Personal Becomes Political (http://www.thedailybeast.com/articles/2013/06/12/when-the-personal-becomes-political.html):
I've seen a number of defenses of the IRS on the grounds that this is clearly political activity, and tax exempt organizations can't engage in political activity. These people--like IRS Agent Sherry Wan--seem confused about what sort of activity is forbidden to tax exempt groups. Legal access to abortion is a contentious political issue. You are not allowed to have a 501(c)(3) that lobbies for legislation, or tries to get pro-life politicians elected. But as I understand the law, that doesn't mean that you can't have a 501(c)(3) which tries to change peoples' minds about having abortions. The personal isn't that political.
IRS Agent Sherry Wan seems to have conjured an entirely new definition of political activity, one which includes "trying to convince people who would rather not hear your message" and "upsetting people who are seeking an abortion".
More generally speaking, the IRS is saying you can't have a 501(c)(3) which tries to change peoples' minds about any issue.
You have free speech, but don’t exercise it as a 501(c)(3).
Agent Sherry Wan (:06-:41) – “…so you have your right. You have your freedom. You have your religious rights. You have a right to believe what you believe. You have the right to think about what you should do, what is right for you to do. OK. And, but, however, this freedom also [unintelligible] to other people. Other people also have the freedom. You know, for the personal view, maybe I go with you. However, I have to [unintelligible] the Internal Revenue Service. I have to stick with the law. Because, you know, we have to keep it neutral.
Client Ania Joseph (:41-:44) – I understand that you have to stick with the law.
Agent (:44-1:17) – Yeah, you have the religious freedom; the freedom of speech. And other people also have the civil rights; human rights. You cannot, you know, use your religious belief to tell other people you don’t have a belief, so I don’t believe you need the right to do this, start confrontation, protesting, uh, prot, uh, protest. [unintelligible] You don’t apply for tax exemption.
Full transcript and audio available at link.
Now from When the Personal Becomes Political (http://www.thedailybeast.com/articles/2013/06/12/when-the-personal-becomes-political.html):
I've seen a number of defenses of the IRS on the grounds that this is clearly political activity, and tax exempt organizations can't engage in political activity. These people--like IRS Agent Sherry Wan--seem confused about what sort of activity is forbidden to tax exempt groups. Legal access to abortion is a contentious political issue. You are not allowed to have a 501(c)(3) that lobbies for legislation, or tries to get pro-life politicians elected. But as I understand the law, that doesn't mean that you can't have a 501(c)(3) which tries to change peoples' minds about having abortions. The personal isn't that political.
IRS Agent Sherry Wan seems to have conjured an entirely new definition of political activity, one which includes "trying to convince people who would rather not hear your message" and "upsetting people who are seeking an abortion".
More generally speaking, the IRS is saying you can't have a 501(c)(3) which tries to change peoples' minds about any issue.
You have free speech, but don’t exercise it as a 501(c)(3).