Monday, January 2, 2017
Following up on Saturday's post, Volokh: The IRS May Not Deny Tax Exemptions To ‘Hate Groups’: Sam Brunson (Loyola-Chicago), More on Hate Groups and Tax Exemptions:
Over at the Volokh Conspiracy, Eugene Volokh asserts that the IRS cannot constitutionally deny tax exemptions to “hate groups” based on their views, abhorrent that they may be. ... Since he name-checks me and fellow Surly blogger Phil Hackney, I figured it was worth responding to his piece. ... I don’t intend to be comprehensive here, but I want to make five main points: ...
Even if it turns out that Volokh is right, I stand by my statement that we should be uncomfortable with the idea that the government is subsidizing white nationalist speech. If the Constitution requires such subsidy, so be it. But even if the government has no choice but to allow the exemption of these groups (with the concurrent deductibility of donations), we shouldn’t get comfortable with the idea. After all, the fact that individuals have the right to engage in abhorrent speech doesn’t mean that we need to become comfortable with the content of that speech.