Constitution Protects Nonprofits’ Voice in Public Policy

Republican Sen. Jim DeMint's (R-SC) amendment to the Serve America Act is blatant attempt to derail important legislation

Today, Senator Jim DeMint introduced an amendment to the Serve America Act that would prohibit individuals and organizations that participate in National Service programs from engaging in activities that are protected under the First Amendment, including lobbying and advocacy.  Alliance for Justice noted that DeMint's proposed amendment would establish an unnecessary choice for nonprofit organizations seeking assistance through national service programs.

“Nonprofits play a vital, constitutionally protected role in providing a voice for those in need," said Nan Aron, President of Alliance for Justice. "They should not have to choose between getting much-needed volunteers and funds, and advocating for policies to solve America’s problems.”

Under the current law, 501(c)(3) public charities that engage in advocacy are eligible to receive assistance through national service programs – Senator DeMint’s Amendment would eliminate that benefit.

If passed, the amendment’s prohibition on nonprofit advocacy will limit the ability of these organizations to continue to provide direct services. It will also severely impede the innovation and creativity the Serve America Act is meant to foster by both limiting the number of nonprofit organizations that can participate in the program as well as eliminating many public charity organizations who rely on these resources to continue to meet the growing needs of their constituencies.

The DeMint amendment echoes language prohibiting lobbying and advocacy activity that passed as part of the Give Act (HR. 1388), the House version of this legislation.

The Serve America Act would triple the number of volunteers in national service programs like AmeriCorps, create new service programs such as energy conservation, healthcare, education and veterans’ issues and greatly expand service opportunities while fostering innovative and creative solutions to areas of national need through the use of the nonprofit sector.