Attorneys for this Episode
- Maggie Ellinger-Locke
- Sarah Efthymiou
- Quyen Tu
Episode Overview
On today’s episode, we’re leaning into the Halloween theme. We’ll start with the tricks or an overview of the increased attacks against nonprofits, what are the focus of the attacks, who’s instigating them, and what are the consequences of the attacks. Then we’ll wrap with the treats, or in our case, what are the resources nonprofits can use to mitigate or respond to the attacks. We’ll use knowledge and lean into our community to make this a less scary time.
The Tricks
There are multiple fronts where nonprofits are under attack.
- Federal level:
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- Congressional investigations into nonprofits
- SPLC criminal conspiracy case, currently set for trial next year in Alabama
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- State level:
- Foreign national contribution or expenditure bans
- Foreign agent registration laws or “Baby FARA” laws
- Domestic terrorism or terrorism designations
- Nonprofit voter registration activities
How it all fits together: Increasing pressure on civil society; funding pressures; self-censorship “anticipatory compliance/obedience” – when organizations change their behavior in anticipation of government scrutiny, sometimes going beyond what the law actually demands. Historians like Timothy Snyder have argued that most of the power of authoritarianism is freely given out of fear without any explicit order or demand.
The Treats
So how can nonprofits respond?
- Maintain good Governance
- Know your rights and risks
- Prepare a response plan in advance. Sometimes this could mean having legal counsel lined up.
- Collective resistance.
- Most importantly, do not obey in advance.