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House of Representatives Passes Resolution Condemning Hate Speech: Fundamental Public Policy Yet?

Public Policy Process Diagram Mott 2011

Yesterday the U.S. House of Representatives passed a resolution  “Rejecting White nationalism and White Supremacy.”  About 18 months ago, both houses of Congress passed a joint resolution “rejecting White nationalists, White supremacists, the Ku Klux Klan, neo-Nazis, and other hate groups, and urging the President and the President’s Cabinet to use all available resources to address the threats posed by those groups.”  Recall that Bob Jones University v. United States held that to qualify for tax exemption a nonprofit must not violate fundamental public policy.  Do the resolutions provide sufficient proof of public policy to deny tax exempt status to hate groups?   For an informative debate on whether tax exemption can be denied to hate groups see this post at the Volokh Conspiracy, and this rejoinder at The Surly Subgroup.

Darryll K. Jones