NEO Senior Counsel Erin Bradrick wrote this article about the move to allow churches to endorse political candidates and engage in other political activities.
The argument often presented for repeal of the Johnson Amendment asserts that it prohibits religious institutions and their leaders from speaking freely on political candidates and elections in violation of the First Amendment. However, this isn’t entirely accurate. The more accurate statement is that religious institutions that wish to retain their tax-exempt status under Section 501(c)(3) are prohibited from speaking freely with respect to political candidates and elections if such speech constitutes intervention in a political campaign. Religious institutions (or other exempt entities) that are willing to cede their tax-exempt status under Section 501(c)(3) are free to engage in as much political speech and campaign intervention as they would like (subject, of course, to any other applicable election laws).
Read the full article here.