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Federal Judge Dismisses Lawsuit Over Nonprofit Political Speech
Ruling finds court lacks jurisdiction to block enforcement of tax rules tied to charitable status.
Apr. 9, 2026 at 9:25pm
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This ruling reinforces the Johnson Amendment's restrictions on political speech by tax-exempt organizations, though the debate over its constitutionality continues.Tyler TodayA federal judge in Tyler, Texas has dismissed a challenge to the Johnson Amendment, which prohibits tax-exempt organizations from participating or intervening in political campaigns. The National Religious Broadcasters and two East Texas churches filed suit against the IRS, arguing the provision violates First Amendment rights, but the judge ruled the court lacked jurisdiction to block enforcement of the tax rules.
Why it matters
The Johnson Amendment has been a source of debate, with some religious organizations seeking to overturn the restriction on political activity in order to have more freedom to endorse candidates or engage in other partisan activities. This ruling upholds the current law, at least in this particular case.
The details
U.S. District Judge J. Campbell Barker rejected a proposed consent agreement between the plaintiffs and the IRS that would have gutted the Johnson Amendment provision in the tax code. The judge said the challenge sought relief that would directly affect organizations' tax-exempt status, which is outside the court's jurisdiction. The opinion noted alternative routes for the plaintiffs, such as filing a refund suit after a tax is assessed or seeking a pre-tax declaration in federal court.
- The lawsuit was filed in the U.S. District Court for the Eastern District of Texas.
- The federal judge issued the dismissal ruling last month (March 2026).
The players
National Religious Broadcasters
A Christian media organization that filed the lawsuit against the IRS.
Sand Springs Church
An East Texas church that joined the lawsuit against the IRS.
First Baptist Church Waskom
Another East Texas church that joined the lawsuit against the IRS.
U.S. District Judge J. Campbell Barker
The federal judge who dismissed the lawsuit, ruling the court lacked jurisdiction.
Internal Revenue Service (IRS)
The government agency that enforces tax-exempt status rules, named as the defendant in the lawsuit.
What they’re saying
“The opinion noted alternative routes, including filing a refund suit after a tax is assessed or a pre-tax declaration in federal court.”
— U.S. District Judge J. Campbell Barker, Federal Judge
What’s next
The plaintiffs may pursue alternative legal avenues, such as filing a refund suit or seeking a pre-tax declaration in federal court, to challenge the Johnson Amendment restrictions.
The takeaway
This ruling upholds the current restrictions on political activity by tax-exempt organizations under the Johnson Amendment, at least in this particular case. The debate over the amendment's constitutionality is likely to continue, with religious groups seeking more freedom to engage in partisan activities.


