GOP Pushes Bill to Restore Free Speech Rights for Pastors and Churches

The war on faith in America may soon face a serious setback. North Carolina Republican Rep. Mark Harris is spearheading a bold new effort to restore free speech rights for pastors and religious organizations, introducing the Free Speech Fairness Act this week in Congress. The bill aims to finally roll back the 1954 Johnson Amendment, a draconian law long used by the IRS to muzzle churches and non-profits from speaking out on political issues.

Harris, himself a Baptist minister, is no stranger to the silencing effect of this law. “It currently puts the IRS in a position of judge and jury on comments that are going to be made by ministers from the pulpit,” he said, calling the law a tool to “silence religious leaders and churches.”

Under the current law, religious leaders can’t endorse or oppose political candidates without risking their tax-exempt status a direct infringement on both free speech and religious liberty.

The Free Speech Fairness Act would correct that, allowing pastors, ministry leaders, and non-profit directors to make political statements in the normal course of their organization’s mission, so long as no significant money is spent to do so. For example:

• A pastor could speak from the pulpit about a candidate’s position on life, marriage, or religious freedom

• A pro-life center director could reference a politician’s abortion record in an email or newsletter

• A faith-based nonprofit could express support or concern over local ballot initiatives without IRS interference

Sen. James Lankford (R-OK) will introduce a companion bill in the Senate, co-sponsored by Sen. Josh Hawley (R-MO). Lankford said plainly, “Everyone should have their constitutional rights to assembly, free speech, freedom of religion and free press protected.”

This legislation doesn’t turn churches into political machines. As Harris made clear, “We’re not looking for churches to become super PACs.” Instead, it seeks to restore the original intent of the First Amendment freedom from government censorship, especially in the pulpit.

The bill is already gaining momentum in the House with 14 co-sponsors, including some of the most stalwart defenders of faith and freedom, such as Reps. Andy Ogles (TN), Barry Moore (AL), and Mary Miller (IL).

It’s also backed by over a dozen conservative organizations, including Alliance Defending Freedom, Family Research Council, Catholic Vote, and the America First Policy Institute.

This isn’t a new fight. Back in 2017, President Trump vowed to destroy the Johnson Amendment, signing an executive order to begin that process. But with Congress now in Republican hands, the time may finally be right to finish what he started.

Free speech shouldn’t stop at the church doors. It’s time to unshackle America’s pulpits from government control.

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