Free Speech Fairness Act Would Enable Tax-Exempt Churches to Endorse Political Candidates

The day before President Trump used his remarks at the National Prayer Breakfast to promise a repeal of the Johnson Amendment, a bill was introduced in Congress to effectively do that. It has not yet been scheduled for debate or a vote.

The Free Speech Fairness Act is being touted as a “fix” to the Johnson Amendment, a 1954 law that prohibits nonprofits from engaging in politics. But how much of a fix would the act be? Would it offer a First Amendment right of free speech to clergy — or trample the same First Amendment’s guarantee of a separation between church and state?