Doubling Down On Protecting Civil Society
As originally published in The NonProfit Times.
Civil society organizations in the United States and around the globe are beacons of hope and connection, building toward a better future, even when headwinds are strong. Devoted to the greater good, not partisan ends, the rich tapestry of charitable and philanthropic organizations in our communities are cornerstones of our daily lives.
And yet, a concerning global trend is now affecting the United States – what is referred to as “closing space for civil society,” with democratic institutions and norms threatened by regulations, laws, and harmful narratives. These tactics have been deployed in declining democracies around the globe to consolidate power and prevent civil society organizations like nonprofits and foundations from doing their core work.
Day-to-day, many nonprofits and foundations are facing cyber threats and harassment for supporting specific minority populations or social causes unpopular to some in power. And some lawmakers are issuing seemingly politically motivated letters calling basic philanthropic activities into question. The nonprofit sector should welcome appropriate government oversight but work together to keep nonprofits and philanthropy from becoming overly politicized.
Legal challenges to philanthropic independence are also on the rise, including the Fearless Fund lawsuit, which challenged a grant program serving Black women entrepreneurs.
At the same time, philanthropic giving isn’t keeping pace with inflation, and individual gifts are coming from fewer, high-net-worth individuals, meaning a shrinking subset of American society is exercising their philanthropic voice.
Complex, Compounding Challenges
While efforts to destabilize U.S. civil society are increasing, there are proven countermeasures drawn from civil society throughout the world. The sector collectively - and each of us individually - has a role to play.
In the years ahead we must forcefully and collectively defend the independence and integrity of the U.S. nonprofit sector. We do this by ensuring more people, especially policy makers, understand and engage in the sector, laws, and regulations that protect the independence of the nonprofit sector, and make sure people are free to give according to their values.
Understanding of, Engagement with the Sector
The nonprofit sector in the United States is arguably the most developed and sophisticated in the world. And yet, study after study has shown that Americans, particularly elected officials, don’t fully understand the role it plays in their lives or philanthropy’s importance to a vital, independent civil society. In fact, according to a recent study by the Lilly Family School of Philanthropy, while many feel generally positive about the sector “just 5.4% of people surveyed said they or anyone in their immediate family received services from a charitable organization or nonprofit in the past year.”
This lack of understanding belies the many ways nonprofits show up in our daily lives – from youth soccer leagues and parent-teacher organizations to churches and museums – and can lead to consequences that will weaken our sector and diminish American civic life. People connect with personal stories, so all nonprofits can gather and share tangible, real-life stories of those who have volunteered for, donated to, or benefited from their work. It’s particularly important to make elected officials a key audience.
It is important we choose words that unite rather than divide as we tell our stories. Research from Philanthropy for Active Civic Engagement reveals that words like belonging, community, fairness, freedom, and service have the power to unite. While other words, like democracy and advocacy, may cause an unintentional disconnect. Whatever your message, it always helps to use common sense language and less jargon.
It is also essential that more people - from all segments of American society - regularly give to charitable nonprofits. That’s why all nonprofits have a stake in making sure charitable giving incentives are available to all Americans (not just high-income earners who itemize their taxes). The Charitable Act would allow people who don’t itemize to deduct up to one-third of their standard deduction for charitable gifts. The number of small donations increased significantly when a similar, though more modest, provision was put in place temporarily during the pandemic. These types of tax incentives will ensure all taxpayers who donate to nonprofits will benefit.
While charitable nonprofits cannot (and should not) engage in political campaigns, we can and should establish relationships with elected officials and voice our support for specific legislation. This starts by meeting with legislators, sharing more about the work that you believe matters most to your communities, and building relationships with policymakers at a local level. Everyone in the charitable sector has a stake in helping Congress understand and value our work.
The Ability to Give in Line With Values
Philanthropic donations support our communities in ways that mirror our values, playing a key role in civic life. That organizations and individuals with different world views and identities express their values through philanthropy is a fundamental strength protected by the First Amendment. This not only reinforces philanthropy’s independence from government, but also ensures philanthropic gifts support a broad range of causes and communities.
Cases such as the Fearless Fund increasingly are challenging philanthropic freedoms, especially for donors committed to diversity, equity, and inclusion and race conscious or race-based giving. If opponents to race-conscious giving erode philanthropic choice with future lawsuits, it hurts everyone’s ability to give in line with their values.
Which is why it is important to actively protect philanthropic giving as a form of expressive conduct. At the same time, we must stand together against the use of charitable dollars to support dehumanization, extremism, and violence. Even under threat, the charitable and philanthropic organizations at the core of our civil society must center our work on inclusion, not division.
Defend the Sector's Independence
The Johnson Amendment, approved by Congress in 1954, prohibits 501(c)(3) organizations from engaging in political campaign activities. This is a foundational law that allows the sector to operate independently from government in service to the greater good. Some advocates and politicians, however, have called for the provision to be repealed, claiming that it stifles the free speech of religious organizations, including churches.
If they succeed, people who engage with nonprofits might first be inclined to ask: “Is this group connected to my party or the opposition?” That would be devastating, jeopardizing access to basic services in communities. It would also very likely put the entire sector’s charitable tax status at risk.
And yet, the end of the Johnson Amendment is a distinct possibility if we don’t stand together on two fronts. The first is continuing to raise our voices together to protect the amendment, publicly and directly with our lawmakers. The second front is operating against our in-group instincts by defending all nonprofits, not just those aligned with our ideologies or politics. We must defend the very fabric and intention of the nonprofit sector.
Better Together
Working in broad coalitions with folks who see things differently is integral to moving forward as a society. Philanthropy can help by ensuring that we value and support the slow and often messy work required to collaborate, especially across differences. It’s not easy work. In fact, it’s work that will take decades, even generations, but together we can ensure nonprofits and foundations can continue to play our vital role in building a multicultural, multiracial society where everyone belongs - the world we all deserve.
