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1 The Science of Morality Tysha Smith American Public University MGMT618: Ethics in Leadership Professor Dave Zipin 24 December 2023
2 The Science of Morality Freedom is a pillar of the American society, whether it be freedom of speech, freedom of association, or freedom of expression. Freedom is the cornerstone of the American lifestyle and will not be going anywhere anytime soon. In recent years emphasis on these three freedoms has increased if anything. The First Amendment, one that many take for granted grants freedom of speech which according to the United States Courts covers literal words and symbolic words which could be art, music, or actions such as dance or other performative arts (United States Courts, n.d.). Freedom of speech also includes the freedom to protest or support campaigns. However, this does not include breaking any laws or impeding upon the rights of or the harming of others. Freedom of association also falling under the First Amendment is the right to the meeting of peoples for collective action to better the interests of their members as well as deny or accept members. This can include religious groups, political parties, sports clubs, fraternities, other societies, and many other organizations. The only time the right to freedom of organization can be impeded on by the government is when an individual has been convicted of a crime previously that would compromise their reformation. Limitations to this right include any organization that engages in illegal acts. Freedom of expression allows individuals to advocate for themselves in the method that works for them without repercussion as long as it is within the realm of the law. Recently these matters have come into a major focus. Whether it be Colin Kaepernick kneeling or the Black Lives Matters protests. As long as it is within the realm of the law and does not impede upon the rights of others it should be legal. However, these movements or expressions have caused great controversy in the United States and almost divided the nation. These freedoms although their intended purpose is not to stifle people and allow them to
3 advocate for themselves and people or causes, they care for can also be misused. Such as the new phenomenon of “internet trolls” that harass people and “cyber stalk” with the purpose of hurting others and use the get out of jail free card of their First Amendment rights. These rights although meant to help and protect people can and have been misused. The intent of this paper is to discuss the four white nationalist groups and them exercising their rights as well as the judgement levied by the Internal Revenue Service (IRS) of tax exemption. Four White Nationalist Group In 2016 an article was published detailing how four white nationalist groups were given nonprofit status by the Internal Revenue Service, collectively raising almost $8 mission dollars in donations. All of these organizations being connected to some kind of Caucasian person of wealth. The four organizations included the New Century Foundation, the National Policy Institute, the Charles Martel Society, and the VDare Foundation. All of the organizations are very clear about their intentions and purposes, the expansion and benefit of the white race. The argument when it comes this situation is why should an organization with racist roots and intentions be given the right to freedom to association. As mentioned earlier freedoms can be misused and abused but many are up in arms about whether or not this a blatant misuse and abuse of that freedom. The parameters as mentioned earlier in the text only include as long as the organization does not organize for illegal purposes. So, the largest question is does this fall within those parameters of freedom to associate with tax exemptions or is this a grave misuse? Analyzing the Issue When taking this issue apart many cannot see past the issue of race and really look at the issue of the policy. In order to analyze the policy, one should look at another controversial but less highlighted issue. All male clubs are another issue that falls into this same criterion but gives
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4 a less controversial topic to present. In a journal entry by Celia Laframboise and Leigh West they detail the controversary of all male clubs and the exclusion of female members ultimately for the betterment of men, which per the parameters of freedom of association should be legal as they are generally not involved in illegal activity. However, Laframboise and West highlight a quote from the United States’ Supreme Court, “discrimination based on archaic and overbroad assumptions about the relative needs and capacities of the sexes forces individuals to labor under stereotypical notions that often bear no relationship to their actual abilities. It thereby both deprives persons of their individual dignity and denies society of the benefits of wide participation in political, economic, and cultural life” (Laframboise & West, 1987, pg. 336). If gender discrimination by organizations is deemed wrong, what differs when it comes to race which at times can be a far more controversial subject. If this behavior is deemed incorrect why would organizations be deemed tax exemptions due to their status or an organization that is spreading knowledge and awareness. With these organizations hiding in plain site with misleading naming conventions do they actually fit the parameters of a IRS non-profit organization? When analyzing the IRS requirements to be a tax-exempt organization the donations cannot go directly to a shareholder or person, nor can they take part in the influencing of legislation or actively support of take part in activities against a political candidate. Nor can the organization be assembled in order to push the agenda of a private affair or for personal benefit. Political involvement is also limited (IRS, n.d.). However, some of the groups have cited Donald Trump’s presence in the presidential seat as beneficial to their cause. VDare’s president, Peter Brimelow believed that the election of Donald Trump would increase their donations while the Martel Society singlehandedly associated their recent success to the presence of Donald Trump’s presidency. The National
5 Policy Institute “raised their arms in a Nazi salute to Trump’s presidential victory” (McShane, 2018). Although all but the last example falls just under the parameters set forth by the IRS, it seems almost too close to be allowed to be a tax-exempt organization by them. Many would then argue what is the difference between this organization and a church. Churches tend to better peoples’ lives and not impede upon their basic rights such as life and liberty. These organizations openly speak against the rights of others as well as multiculturalism and immigration, which many believe are one of the building blocks or America. Comments have been openly made about “holding a trust for the white race” or “America at the end of the day, belongs to white men” or “This country belongs to white people—culturally, politically, socially, everything” (McShane, 2018). Churches do not capitalize on alienating others and typically do some sort of community outreach to actually help others who are not in the church to bring them in. These groups wish to alienate and eventually take the American “God given” rights of others in order to expand their agenda, which is not the typical mission of a non-profit organization. Opinion versus Fact Due to the fact that the American society for the most part inherently believes that racism is wrong does that actually mean the Internal Revenue Service is wrong for granting these four organizations tax exemption status based on their values or positions. This argument needs to be divided into two different issues. The right to freedom to associate, speech, and expression and then the Internal Revenue Service granting them tax exemptions. Freedom of Speech, to Associate, & Expression This right is one of the American people’s greatest rights and one that many nation’s people do not possess. Many people take this for granted and openly speak against the United
6 States government not realizing that this is them openly leveraging this right with no repercussion. This right gives them the ability to openly protest government or organizational wrong doings but to also encourage society to improve quality of life for others and themselves. It is an elemental piece to what the United States has coined as their democracy. Although this freedom is fundamental it is also problematic. Like most legislative or judicial proclamations, it is left vague and sometimes truly up for interpretation by the population. Which causes people to fit it neatly into their purpose. However, when it comes to whether or not these organizations fit within the realm of these freedoms, they do. Freedom to Speech, Associate, & Express Defined By definition these organizations are within their legal standing as an organization to execute what they are doing. Coming from the 1969 Brandenberg v. Ohio case, the main limitation of the First Amendment which encompasses all of these freedoms is that it must be, “likely to produce, “imminent lawless action.” (ACLU, 2002). Which means per the ACLU document that even speech that openly advocates and persuades for violence is still legal (ACLU, 2002). Even those that would fight this have to consider other similar groups. Similar groups would include Black Panthers, Malcolm X’s assemblies, or Martin Luther King and his assemblies. These were groups that leveraged their First Amendment rights to better the lives of their people. Although the purposes were very different, and one may have a somewhat imperialist value associated with it the execution is the same. As the execution is ultimately the same the coverage under the First Amendment is the same also. Title II Although this is not the current topic of discussion some might try to bring up Title II of the Civil Rights Act of 1964 and the nondiscriminatory clauses. However, what many do not
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7 understand is this covers public accommodations and not private assembly. Richard A. Epstein highlights an exemption that is worth mentioning, “The provisions of this title shall not ap- ply to a private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishment are made available to the customers or patrons of an establishment within the scope of subsection” (Epstein ,2014, pg. 1245). Therefore, eliminating the application of Title II to these organizations’ execution of their freedoms. Internal Revenue Service Tax Exemption Status When it comes to the judgement of the Internal Revenue Service Exemption Status, unlike the execution of their rights, this was done in ill taste. Per the IRS’ requirements to become a tax-exempt organization they must not directly affiliate with political parties or have direct associations. They must also be a learning association. Although these stipulations like many from the United States government, are left fairly vague it is clear although the misleading naming conventions that this is not the purpose of these organizations. Did the IRS just not want a fight with some of the most powerful people in the country or did they really believe that what they were doing was correct? As the IRS does not reveal information on private organization the public may never know. However, according to their own requirements their judgement was done in great error and should be rectified based on the behaviors and statements made by the public and leading figures of these organizations. Conclusion This paper was intended to discuss the freedom to speech, to associate, and to express. It was also meant to cover the Internal Revenue tax exemption status of four white nationalist organizations and whether or not this was a just and fair action. Per the research presented these organizations are well within their rights to assemble, associate, and say what they would like as
8 long as it is not purely intended to cause harm. However, the levy of tax exemption by the Internal Revenue Service is improperly placed and should be removed immediately. The complexity of this situation was only magnified and intensified by the presence of government involvement which created the illusion of government acceptance. Once the freedoms and tax exemption were separated it is clear that the dismay does not necessarily lie with the organizations but with the IRS and their decision.
9 References Epstein, R. A. (2014). Public Accommodations Under the Civil Rights Act of 1964: Why Freedom of Association Counts as a Human Right. Stanford Law Review, 66(6), 1241– 1291. Exemption requirements - 501(c)(3) organizations. Internal Revenue Service. (n.d.). https://www.irs.gov/charities-non-profits/charitable-organizations/exemption- requirements-501c3-organizations Freedom of expression. American Civil Liberties Union. (2002, March 1). https://www.aclu.org/documents/freedom-expression Laframboise, C., & West, L. (1987). The case of all-male clubs: freedom to associate or licence to discriminate? Canadian Journal of Women and the Law, 2(2), 335–361. McShane, L. (2018, April 8). Four white nationalist groups given nonprofit status, permission to raise nearly $8m in tax-deductible donations. New York Daily News. https://www.nydailynews.com/2016/12/22/four-white-nationalist-groups-given- nonprofit-status-permission-to-raise-nearly-8m-in-tax-deductible-donations/ What does free speech mean?. United States Courts. (n.d.). https://www.uscourts.gov/about- federal-courts/educational-resources/about-educational-outreach/activity-resources/what- does
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