A legal challenge to limits on political activity by churches is moving to a federal appeals court after plaintiffs in NRB v. Bessent formally appealed a Texas ruling that blocked their case, National Religious Broadcasters (NRB) General Counsel Michael Farris said.
The appeal, filed with the Fifth Circuit Court of Appeals, is in connection with a March 31 decision by the District Court for the Eastern District of Texas, which dismissed the lawsuit on jurisdictional grounds under the Anti-Injunction Act. The case centers on the Johnson Amendment, a federal provision that bars churches and other nonprofit organizations from endorsing or opposing political candidates.
Farris, who is also lead counsel in the case, said the plaintiffs are seeking to challenge what they describe as restrictions on speech and religious expression without a prior violation of 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 said.
According to NRB, the lawsuit argued that enforcement of the Johnson Amendment is inconsistent, with conservative churches allegedly facing penalties while liberal churches and nonprofit organizations are allowed broader political involvement.
The Johnson Amendment governs tax-exempt entities, including religious institutions, and has long been a point of legal and political contention over the boundaries between free speech, religion, and election activity.
NRB, a nonpartisan international association of Christian communicators, said its members reach millions of listeners, viewers, and readers. The organization advocates for free speech rights while promoting professional standards within its network.
The appeal begins what NRB described as a process likely to take several months as the case moves through the federal courts
