These days "IRS Targets Conservative Group"
is a dog-bites-man story. But this one was man-bites-dog by virtue of
its placement: on the front page of the New York Times,
a newspaper that is usually supportive of this administration's efforts
to suppress domestic dissent. Put it down to a sudden outbreak of news
judgment.
The news value to the Times
may lie more in the nature of the organization than its trouble with the
IRS. "In a famously left-leaning Hollywood, where Democratic
fund-raisers fill the social calendar, Friends of Abe stands out as a
conservative group that bucks the prevailing political winds," reads the
lead paragraph.
But Friends of Abe--as in
Lincoln--has sought nonprofit status under Section 501(c)(3) of the U.S.
Tax Code, which would allow it to collect tax-deductible contributions.
The IRS has been reviewing the application for some two years, seeking
information about meetings where politicians spoke. A 501(c)(3) is
prohibited from engaging in campaign activity, such as hosting a
fundraiser, but as the Times notes, "tax-exempt groups are permitted to
invite candidates to speak at events."
The
most troubling revelation in the Times account is that at one point the
IRS "included a demand--which was not met--for enhanced access to the
group's security-protected website, which would have revealed member
names." The Times points out that FOA "keeps a low profile and fiercely
protects its membership list, to avoid what it presumes would result in a
sort of 21st-century blacklist" and that "tax experts said that an
organization's membership list is information that would not typically
be required."
With the possible
exception of academia, show business is about as totalitarian a
subculture as you will find in America. Conservatives are a tiny
minority, and they fear for their livelihoods if exposed. A few
high-profile celebrities are exceptions--the Times mentions Gary Sinise,
Jon Voight, Kelsey Grammer and Lionel Chetwynd--but for lesser-known
actors and people who work in off-camera jobs, confidentiality is
crucial.
This column obtained a letter
that Jeremey Boreing, FOA's executive director, sent members last week
in response to the Times story. Its tone demonstrates how seriously the
group takes its members' privacy:
At one point, as we were pushing to get the situation resolved, the IRS asked for access to those portions of our website that contain the names of our members. We refused to give them this access, and we will continue to refuse it.
At present, that is no longer one of the demands that they are making. . . .
We will not name names in Hollywood--not for the New York Times and not for the IRS. If the day should come that the IRS makes seeing the list an essential demand for our determination, we will simply remove our request for exemption and structure the organization in a different manner. This office will never reveal the names of our members, and we ask that none of our members reveal their fellows either.
We should note that, true to his word, Boreing names no names in the letter.
FOA
members have good reason to fear being identified to the IRS. Last year
the agency was revealed to have leaked confidential donor information
about the National Organization for Marriage to the Human Rights
Campaign, an antagonist in the debate over same-sex marriage. HRC
promptly posted the purloined information online. LifeSiteNews.com
reported in October that congressional investigators had identified the
leaker, "but in an ironic twist, the Internal Revenue Service is
forbidden from disclosing whether the employee has been prosecuted,
fired, or even reprimanded."
The IRS's
intrusive tactics thus have a chilling effect on people who wish to
exercise their First Amendment right of free association without
attracting public attention--or, more precisely, the attention of
vicious ideological antagonists. Even calling attention to those tactics
can compound the problem, as illustrated by FOA's need to reassure its
members in the wake of the Times story. The gradual accretion of power
by a vast administrative state, combined with an administration
intolerant of dissent, has produced a clear and present danger to basic
American freedoms.
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