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Freedom From Religion Foundation files 5th Circuit brief in Johnson Amendment challenge

Freedom From Religion Foundation said it filed a friend-of-the-court brief urging the 5th U.S. Circuit Court of Appeals to reject a challenge to the federal restriction on tax-exempt organizations intervening in political campaigns. FFRF argued that the plaintiffs, including National Religious Broadcasters and several churches, lacked standing because they did not face a substantial threat of IRS enforcement. The appellate court has not ruled on those arguments.

Status matters. This page records a sourced development, not a completed No Halo investigation. An allegation is not a finding. Dismissals, settlements, judgments, corrections and final outcomes remain distinct.

Donor relevance

Why this matters

The litigation could affect political-activity limits across the tax-exempt sector, including rules governing churches and public charities.

Attribution

Who reported or established this

FFRF announced and characterized its own appellate filing and legal arguments.

Evidence limits

What remains unverified

No Halo has not independently assessed the full appellate record or established that the plaintiffs lack standing. The court has not accepted FFRF’s arguments or issued a final outcome.

Right of reply

Organization response

FFRF said the lower-court result should be affirmed and described the asserted threat of IRS enforcement as too remote to support the lawsuit.

Classification

How No Halo records this event

Event type: Filing. Current state: Pending. No Halo preserves the current procedural state rather than treating every mention as a finding.

Published September 28, 2026 · Last verified September 29, 2026. See an error or a later outcome? Submit a correction or right of reply.