{"id":58,"date":"2008-09-26T17:30:19","date_gmt":"2008-09-26T17:30:19","guid":{"rendered":"http:\/\/blog.beliefnet.com\/lynnvsekulow\/2008\/09\/big-brother-has-got-to-go.html"},"modified":"2008-09-26T17:30:19","modified_gmt":"2008-09-26T17:30:19","slug":"big-brother-has-got-to-go","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/2008\/09\/big-brother-has-got-to-go.html","title":{"rendered":"“Big Brother” Has Got to Go"},"content":{"rendered":"

Barry, we both agree that our constitutional tradition continues to recognize the freedom to speak from the pulpit about the moral issues of the day. We obviously disagree, however, on whether “Big Brother” government surveillance, investigation, and punishment of churches due to the content of their speech should be stopped once and for all. The thought of Washington bureaucrats sifting through sermon recordings should be unsettling for all people of faith.<\/font><\/p>\n

 <\/font><\/p>\n

For the first century and a half of our nation’s history, “election sermons” were commonplace in which pastors appealed to their congregations to support or oppose particular candidates based on their positions on issues. Religious leaders did not merely speak about moral principles alone – they called church members to take specific action in the voting booth to support those principles. That all changed in the 1950s after a disgruntled politician, then-Senator Lyndon Johnson, sought to silence some of his critics by introducing the provision that bars tax-exempt groups, including churches, from participating in political activity.<\/font><\/p>\n

 <\/font><\/p>\n

Religious leaders are muzzled by the IRS law. While they can speak out for themselves in their individual capacity, they are barred from either supporting or opposing a political candidate in their role as head of a tax-exempt organization. On one hand, the IRS says it’s permissible for religious leaders to discuss important issues of public policy (as they should), but they are prohibited from supporting or opposing a candidate who takes positions on those issues. That’s absurd. The prohibition makes no sense and has far-reaching implications. It censors pastors and it turns the IRS, which was originally designed to collect revenue for the general treasury, into the “speech police.”<\/font><\/p>\n

 <\/font><\/p>\n

Barry, I know about the Pierce Creek case – we litigated it. That’s why a legislative repeal of the burdensome IRS provisions is needed to restore unbridled free speech to religious leaders of all faiths. I strongly support H.R. 2275<\/a>, a bill sponsored by Congressman Walter Jones (R-N.C.) designed to “restore the Free Speech and First Amendment rights of churches and exempt organizations by repealing the 1954 Johnson Amendment.”<\/font><\/p>\n

 <\/font><\/p>\n

What’s clearly needed is a legislative remedy, and this bill would help to get the government out of the church-surveillance business.<\/font><\/p>\n

 <\/font><\/p>\n

While some pastors would choose to keep the Johnson-era status quo in their churches, others would use their restored freedom of speech to help their members reconcile their religious faith with their choice of political candidates. The claim that churches will transform into political machines by lifting the current gag rule is simply an unfounded scare tactic, as evidenced by the first century and a half of American experience. A pastor should be responsive to God, his own conscience, and his congregation for what is preached from the pulpit, not the government or the latest public opinion poll.<\/font><\/p>\n

 <\/font><\/p>\n","protected":false},"excerpt":{"rendered":"

Barry, we both agree that our constitutional tradition continues to recognize the freedom to speak from the pulpit about the moral issues of the day. We obviously disagree, however, on whether “Big Brother” government surveillance, investigation, and punishment of churches due to the content of their speech should be stopped once and for all. The…<\/p>\n","protected":false},"author":163,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1,4,5],"tags":[],"class_list":["post-58","post","type-post","status-publish","format-standard","hentry","category-church-politicking","category-religious-freedom","category-separation-of-church-and-state"],"yoast_head":"\n"Big Brother" Has Got to Go - Lynn v. 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Jay Sekulow has also served as a faculty member for the Office of Legal Education at the United States Department of Justice.  As a member of the faculty he instructed Assistant United States Attorneys and investigators in the First Amendment issues associated with prosecution of obscenity. An accomplished and respected judicial advocate, Sekulow has presented oral argument before the U.S. Supreme Court in numerous cases in defense of constitutional freedoms. Several landmark cases argued by Sekulow before the U.S. Supreme Court have become part of the legal landscape in the area of religious liberty litigation.  In the Mergens case, Sekulow cleared the way for public school students to form Bible clubs and religious organizations on their school campuses.  In the Lamb's Chapel case, Sekulow defended the free speech rights of religious groups, ensuring that they be treated equally with respect to the use of public facilities.  And, most recently, in McConnell v. FEC, Sekulow ensured that the constitutional rights of young people remain protected with a unanimous decision by the high court guaranteeing that minors can participate in political campaigns. A nationally recognized and respected defender of religious freedom, Sekulow has assembled one of the most prestigious law firms in the nation.  Founded in 1990, the American Center for Law and Justice focuses in constitutional law.  The ACLJ, under Sekulow's direction, is involved in public interest and public policy issues working to protect religious and constitutional liberties. In 2007, the Chicago Tribune concluded that the ACLJ has \"led the way\" in Christian legal advocacy.  In 2005, TIME Magazine named Sekulow one of the \"25 Most Influential Evangelicals\" in America and called the ACLJ \"a powerful counterweight\" to the ACLU.  Business Week said the ACLJ is \"the leading advocacy group for religious freedom.\"  Sekulow's work on the issue of judicial nominees - including possible vacancies at the Supreme Court - has received extensive news coverage including a front page story in The Wall Street Journal.  In addition, The National Law Journal has twice named Sekulow one of the \"100 Most Influential Lawyers\" in the United States (1994, 1997).  He is also among a distinguished group of attorneys known as \"The Public Sector 45\" named by The American Lawyer (January\/February 1997).  The magazine said the designation represents \"45 young lawyers outside the private sector whose vision and commitment are changing lives.\" Sekulow brings insight and education to listeners daily with his national call-in radio program, Jay Sekulow Live!, which is broadcast throughout the country on nearly 850 radio stations.  Sekulow also hosts a weekly television program, ACLJ This Week, which tackles the tough issues of the day and is broadcast on a number of networks nationwide including the Trinity Broadcasting Network and FamilyNet.  Sekulow is also a popular guest on nationally televised news programs on ABC, CBS, NBC, CNN, FOX News, MSNBC, CNBC, and PBS.  He frequently contributes articles and commentary to national publications and is often quoted in the nation's leading newspapers including USA Today, New York Times, Los Angeles Times, Washington Post, and Washington Times. A graduate of Mercer University, Sekulow graduated cum laude receiving both a bachelor's degree and doctor of jurisprudence from Mercer University where he served on the Mercer Law Review as an editorial staff member.  Following graduation, Sekulow served as a tax trial attorney in the Office of Chief Counsel for the Internal Revenue Service.  In that capacity, Sekulow prepared and brought to trial tax cases on behalf of the United States Department of Treasury in United States Tax Court. He also received a Ph.D. from Regent University, with a dissertation on American Legal History, and is the author of numerous publications and law articles. 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