Nina J. Crimm, Laurence H. Winer

eBook, PDF

Politics, Taxes, and the Pulpit (eBook, PDF)

Provocative First Amendment Conflicts

Beschreibung

In Politics, Taxes, and the Pulpit, Nina J. Crimm and Laurence H. Winer examine the provocative mix of religion, politics, and taxes involved in the controversy over houses of worship engaging in electoral political speech. The authors analyze the dilemmas associated with federal tax subsidies benefiting nonprofit houses of worship conditioned on their refraining from political campaign speech. The Supreme Court's recent Citizens United decision invalidating federal campaign finance restrictions on corporations' political campaign speech makes the remaining, analogous restrictive tax laws constraining many nonprofit entities all the more singular and problematic, particularly for houses of worship. Crimm and Winer explore the multifaceted constitutional tensions arising from this legal structure and implicating all fundamental values embodied in the First Amendment: free speech and free press, the free exercise of religion, and the avoidance of government establishment of religion. They also examine the history and economics of taxation of houses of worship. The authors conclude that there exists no means of fully resolving the irreconcilable clashes in a constitutionally permissible and politically and socially palatable manner. Nonetheless, Crimm and Winer offer several feasible legislative proposals for reforming tax provisions that likely will generate considerable debate. If Congress adopts the proposed reforms, however, the revised system should substantially ameliorate the disquieting constitutional tensions induced by the current tax laws and curb the growing emotionally charged atmosphere about the role of religion in the public sphere.

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Autor

Nina J. Crimm is Professor of Law at St. John's University School of Law in New York. She clerked for Judge Irene F. Scott, U.S. Tax Court, and later became Attorney-Advisor/Senior Attorney in the Office of the Chief Judge of the U.S. Tax Court. She practiced tax and nonprofit law with a Washington, D.C. law firm before entering academia. She was recipient of a research grant from the American Tax Policy Institute and an ATAX Research Fellow at the University of New South Wales in Sydney, Australia. She is "The Quarterly Commentator" for the Exempt Organization Tax Review and is the author of numerous articles and books involving taxation and First Amendment issues related to nonprofit organizations and philanthropy. Laurence H. Winer is Professor of Law and Faculty Fellow, Center for Law, Science, & Innovation at the Sandra Day O'Connor College of Law at Arizona State University. After graduating from Yale Law School, Professor Winer practiced with a Boston law firm before joining A.S.U. Prior to law school, he taught mathematics at Boston University where he earned his Ph.D. degree in 1973. Professor Winer is the Faculty Editor of Jurimetrics: The Journal of Law, Science, and Technology, a peer-reviewed journal published by the College of Law and the American Bar Association's Section of Science & Technology Law. He also is a member of the First Amendment Advisory Council of The Media Institute in Washington, D.C.

Produktdetails

• Verlag: OUP eBook
• Erscheinungstermin: 3. November 2010
• Englisch
• ISBN-13: 9780199813209
• Artikelnr.: 40174878