President Trump says he wants to “totally destroy” the Johnson Amendment, the provision that denies § 501(c)(3) status to organizations that intervene in campaigns for public office. His comments come one day after two House Republicans introduced the Free Speech Fairness Act, and Trump’s “totally destroy” remark seems to be a reference to that legislation. Yet the Free Speech Fairness Act would do nothing of the sort: indeed, it would leave the Johnson Amendment in place and allow only “de minimis” campaign expenditures by § 501(c)(3) organizations.

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