A Christian broadcasting organization is taking their fight over church political speech restrictions to a federal appeals court after a Texas judge dismissed their initial lawsuit.
Michael Farris, General Counsel for the National Religious Broadcasters (NRB) and lead attorney in the NRB v. Bessent case, announced the formal appeal has been submitted to the Fifth Circuit Court of Appeals. The original lawsuit was thrown out on March 31 by the District Court for the Eastern District of Texas due to jurisdictional issues under the Anti-Injunction Act.
At the heart of the dispute is the Johnson Amendment, a federal law that prohibits churches and other tax-exempt organizations from publicly supporting or opposing political candidates.
Farris argues that religious organizations should be able to contest speech limitations without first breaking the law. “The Supreme Court has made it clear that no one has to violate a law in order to challenge its limitation on the freedom of speech or religion. The Anti-Injunction Act cannot be construed to force churches to violate the Johnson Amendment in order to challenge its chilling effect on their First Amendment freedoms,” he stated.
The NRB claims in their lawsuit that the Johnson Amendment is applied unevenly, suggesting conservative religious institutions face punishment while liberal churches and nonprofits receive more lenient treatment regarding political involvement.
The Johnson Amendment has remained a contentious issue in legal and political circles, creating ongoing debates about where to draw lines between religious freedom, free speech, and electoral activities for tax-exempt organizations.
The NRB describes itself as a nonpartisan international group representing Christian media professionals who reach millions through various platforms. The organization works to defend free speech protections while maintaining professional standards among its membership.
According to the NRB, the appeals process is expected to extend over several months as the case works its way through the federal court system.
