Mark wrote:
On 10/5/11 1:50 AM, Ryan Kaldari wrote:
The WMF isn't allowed to lobby for or against legislation, per our 501c3 non-profit status in the US. This is not necessarily true for chapters though, and definitely not true for the communities.
Somewhat true, but not a red line. The IRS gives this wonderfully vague formulation: "A 501(c)(3) organization may engage in some lobbying, but too much lobbying activity risks loss of tax-exempt status".
In addition, "organizations may conduct educational meetings, prepare and distribute educational materials, or otherwise consider public policy issues in an educational manner without jeopardizing their tax-exempt status". For example, perhaps, in suitable cases, Wikimedia could issue factual statements about proposed legislation likely to affect its operations, with a neutral legal analysis of if and how the legislation would do so.
-Mark
I don't think that there is a distinction between "lobbying" and "campaigning". It cannot be assumed that a charitable organisation should not be able to protect its own status, because I think the law should assume that right. The issue is to how that is to be achieved, and by what means, and that is where a political dimension arises. Thus far, it is by words and gestures. Politicians, at a practical level, are sometimes more used to more physical expressions of dissent. I doubt it will come to that in this case. However, I would be surprised if the message did not reach its intended target in this instance.