The U.S. House of Representatives passes a measure that would penalize nonprofits. The Treasury decides they’re “terrorists.”

Why are so many individuals concerned about this bill?

I imagine this is an element of a method to discourage resistance to Republican policies and encourage self-censorship. In this manner, the Republican Party seeks to limit the speech and actions of activists and nonprofits. And essentially, it's a threat to President-elect Donald Trump's political opponents.

Such a law could grow to be a blunt sword that could be used against anyone.

I'm not the just one who thinks like that. U.S. Rep. Jamie Raskina Democrat who was previously a Professor of constitutional lawHe called the bill “a werewolf in sheep’s clothing.” Noting that “supporting terrorists is already a crime,” Raskin warned that this bill could end in “undoing” all due process rights.

Several nonpartisan groups and associations representing a wide selection of nonprofit organizations, including the Council on Foundations, the Independent Sector, the National Council of Nonprofits and the United Philanthropy Forum, issued a joint statement who condemned the measure before its passage within the House of Representatives. The groups said they were concerned it will “give the executive branch sweeping new powers that could be abused.”

What do you think that “terrorism” means on this context?

An earlier version of this laws was introduced in December 2023 and passed within the House of Representatives in April 2024. Because of the timing, it has been widely interpreted as one Attempt to quell widespread protests by students and others who expressed their solidarity with the Palestinians and their objections to Israel's military operations in Gaza.

But this laws could do rather more than that, because it doesn’t distinguish between foreign and domestic terrorism – whether it’s real or conceited.

To date, the Treasury Department has taken great care in defining domestic terrorism Observation on his website that the Constitution and U.S. laws “protect a wide range of expression—even expression with which many may disagree or find abhorrent, and even expression that certain foreign allies and partners of the United States prohibit under their own laws and criminalize.”

Under U.S. law, the Treasury Department is required to stay impartial in all interactions with tax-exempt organizations.

Therefore, making it easier for federal authorities to label a nonprofit organization as “terrorist” could be a significant departure from American traditions. It might be that the term is becoming a type of political rhetoric aimed toward intimidating activists, including those staging campus protests.

The lack of a transparent definition within the laws would depart room for interpretation. It's not clear who must be held liable – it could even be the nonprofits' donors.

Constitutional protections may find yourself protecting people caught up in these allegations, but there's no approach to understand how far which may go or how much it would upend their livelihoods as they defend themselves.

What other concerns do you’ve gotten?

This bill jogs my memory of what is occurring around the globe in countries where support for democratic principles is declining right-wing governments Are Restriction of dissenting opinions.

I’m currently working with Jennifer AlexanderProfessor of public administration on the University of Texas at San Antonio, on an article about this trend and the way it pertains to what’s already happening in lots of US states. We have found that this pattern is most prevalent where the Republican Party has full control of presidency – the GOP occupies the governor's mansion and has a majority in each legislative chambers.

We found that no less than 22 states have each passed recent laws to limit protests or tightened laws that were already in force, increasing the severity of possible punishments. These laws restrict public advocacy and organizing.

I can imagine it getting used to handle environmental protests like those in Atlanta against the development of a police training center in an urban forest or in Atlanta North Dakotaagainst the development of an oil pipeline.

Such a measure could lead on to harsher crackdowns if there’s a brand new wave of Black Lives Matter protests much like those in 2020, which followed the murder of George Floyd. Many of those demonstrations were organized by nonprofit groups.

In Texas, state authorities have tried to do that Shut down charities that support immigrantswhich led to an outcry from civil rights groups.

And Indiana Attorney General Todd Rokita has launched an investigation into firms and nonprofits which have done this, including the God Is Good Foundation allegedly conspiring to bring non-citizens into the state.

What do you think that would occur if this measure became law?

I imagine that folks who intend to proceed mass mobilization organized by nonprofits might determine to go underground—to avoid the repercussions of an activity that I imagine is clearly protected by the U.S. Constitution .

Even without this measure becoming law, it has grow to be possible for one Liability of the organizer for damage or injuries that occurred during an indication – even in the event that they themselves weren’t involved in violence or destruction.

Officially labeling a company as “terrorist” could be very effective. If this were to occur, a portion of the population would never see this group otherwise again.

Many authoritarian regimes prefer to use it This propaganda tool is used since it causes the general public to distrust these organizations. It places these organizations outside acceptable norms of civic engagement, although nonprofits' rights to freedom of speech, assembly, and petition are enshrined within the First Amendment.

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