Speak Up: Issue Advocacy in Increasingly Politicized Times

This article first provides a brief primer on current constraints affecting Section 501(c)(3) and 501(c)(4) organizations\u27 communications within the context of what has become known as “issue advocacy.” It then sets forth the problem of increasing politicization of nonprofits\u27 issue advocacy activities. The article next evaluates related constitutional tensions for politically tinged issue advocacy, through the lens of the Supreme Court\u27s free speech decisions. It concludes by addressing how the IRS\u27s different content-based standards for issue advocacy are susceptible to abuse, are otherwise constitutionally suspect, and therefore warrant reform