WSJ: Free Speech vs. Tax Code -- Defending the NAACP from the IRS.

Wall Street Journal ^ | December 14, 2004 | Editorial

[OESY]

Kweisi Mfume recently announced his departure as NAACP President, and not a moment too soon. His tenure has been a disaster for the storied civil rights organization, driving it deeper into liberal irrelevance. But that doesn't mean it still shouldn't be defended against the current IRS probe of its tax-exempt status.

Back in October the NAACP was informed that it may have violated a law that prohibits charities, churches and other nonprofits from engaging in partisan activities. Under Mr. Mfume and chairman Julian Bond, the group has accused President Bush of being at war with black America; compared Republicans to the Taliban; and declared that the GOP's "idea of equal rights is the American flag and the Confederate swastika flying side by side." Charming stuff.

But in an address to the NAACP's 95th annual convention in July, Mr. Bond apparently crossed a far more consequential line. According to the IRS, Mr. Bond explicitly "condemned the administration policies of George W. Bush," which is a no-no if your organization is tax-exempt and wants to stay that way.

Some conservative groups, which have found themselves under similar IRS scrutiny during Democratic administrations, can barely contain their schadenfreude. But perhaps they should be less concerned with political payback than with the implications of such a powerful agency haphazardly policing speech. We recall how the Clinton Administration used the IRS to harass the Heritage Foundation, among others, and of course there were those Nixon excesses.

The NAACP is just one of 60 or so nonprofits now under investigation by the tax police. Our sources tell us that some of these outfits are conservative, and all fall under the 501(c)(3) section of the tax code, which prohibits them from endorsing candidates, making campaign donations or otherwise engaging in partisan conduct....

[2banana]

How about enforcing the law as it is written?

[E. Pluribus Unum]

The IRS should only enforce tax-exempt status violations against Christian churches.

It's the law.

[GrandEagle]

But perhaps they should be less concerned with political payback than with the implications of such a powerful agency haphazardly policing speech.
Hmmm, I suppose the only time for concern is when the law is evenly applied?
While I do agree that it is no business of the IRS what is said at private meetings of any group, it is a bit ironic that it was of no concern until it was the liberal agenda being squelched.
The ONLY time the tax code should come into play is if a group RECEIVES tax revenue.
Being tax-exempt should only mean that they are a "not-for-profit" group.

[umgud]

The NAACP acts like a tax exempt 527. They don't subtley cross a line, they actively campaign and impugn at will.

[upchuck]

The NAACP is just one of 60 or so nonprofits now under investigation by the tax police.

Ya reckon Rainbow/PUSH and the NEA are among the 60? Sure hope so!

[longtermmemmory]

If the IRS looses this case it will unshackle all conservative nonprofits, a win for us.

If the IRS wins this case it will damage an organization that has grown from idealism into on of the most racist organization of modern times, another win for us.