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Liberal Suppression - Section 501(c)(3) and the Taxation of Speech (Hardcover)
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Liberal Suppression - Section 501(c)(3) and the Taxation of Speech (Hardcover)
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In the course of exempting religious, educational, and charitable
organizations from federal income tax, section 501(c)(3) of the
Internal Revenue Code requires them to refrain from campaign speech
and much speech to influence legislation. These speech restrictions
have seemed merely technical adjustments, which prevent the
political use of a tax subsidy. But the cultural and legal
realities are more disturbing. Tracing the history of American
liberalism, including theological liberalism and its expression in
nativism, Hamburger shows the centrality of turbulent popular
anxieties about the Catholic Church and other potentially orthodox
institutions. He argues persuasively that such theopolitical fears
about the political speech of churches and related organizations
underlay the adoption, in 1934 and 1954, of section 501(c)(3)'s
speech limits. He thereby shows that the speech restrictions have
been part of a broad majority assault on minority rights and that
they are grossly unconstitutional. Along the way, Hamburger
explores the role of the Ku Klux Klan and other nativist
organizations, the development of American theology, and the
cultural foundations of liberal "democratic" political theory. He
also traces important legal developments such as the specialization
of speech rights and the use of law to homogenize beliefs.
Ultimately, he examines a wide range of contemporary speech
restrictions and the growing shallowness of public life in America.
His account is an unflinching look at the complex history of
American liberalism and at the implications for speech, the
diversity of belief, and the nation's future.
General
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