Letter from ALA president
Dear Colleagues:
Over the last several weeks, there has been considerable discussion and
many questions raised about the constraints imposed by federal law on
ALA as a nonprofit charitable organization. On the other hand, there has
also been considerable interest in having a forum available where ALA
members could freely discuss political topics and the current election
in relation to library issues.
ALA, because of its 501(c)(3) tax exempt status, is expressly and
absolutely prohibited by the U.S. Internal Revenue Code from engaging in
"political speech." This means that ALA resources, including electronic
discussion lists, blogs and wikis, cannot be used for "the support of,
or opposition to, a candidate for public office". Political speech is
different from "lobbying," which seeks to influence legislation or
regulation (ALA continues to lobby aggressively for libraries within
federal guidelines).
The consequence of violating this legal prohibition is the revocation of
tax exempt status. No warnings are required, and the IRS has repeatedly
revoked the 501(c)(3) status of organizations considered in violation of
these regulations. The absolute prohibition on political speech by
associations like ALA is serious - and the "zero tolerance" enforcement
policy of the IRS has been upheld by the courts, including the Supreme
Court. We - ALA officers, staff and members - are required to comply
with these laws until such time as Congress changes them. In doing so,
we protect the interests of the Association and its members - present
and future - and preserve ALA's ability to advocate aggressively on
behalf of libraries and the public. Simply put, the loss of our
501(c)(3) status would have a catastrophic impact on the Association.
For more information about the IRS prohibition on political speech by
501(c)(3) tax exempt organizations, as well as links to additional
information, please see the Marginalia blog posting at
http://discuss.ala.org/marginalia/2008/0
Some members have inquired about challenging this prohibition. Given
that the Supreme Court has upheld this IRS regulation, a legal challenge
would not be a wise use of ALA resources. Other members have pointed out
that there are exemptions for universities and that churches appear to
be granted more latitude by the IRS. Both of these statements are true,
but do not affect the rules for charitable organizations such as ALA.
Notwithstanding this prohibition, many ALA members have expressed an
interest in discussing the election and the candidates in relation to
library issues. While this discussion cannot legally occur within the
ALA 501(c)(3) structure, the 501(c)(6) ALA-Allied Professional
Association does open up new opportunities for such discussions. As a
501(c)(6), operating under different IRS rules, ALA-APA can legally
provide a forum for such discussions.
To this end, the ALA-APA Board has authorized the creation of an ALA-APA
Forum discussion list to discuss mutual issues of interest to librarians
and other library workers, including political issues and candidates.
This list is open to ALA members and others. To subscribe to the APA
Forum, go to:. http://lists.ala-apa.org/sympa/info/apaf
Questions have also been raised about the limitations placed upon
American Libraries and AL Direct. While stories that may be construed as
supporting or opposing any candidate for public office are prohibited by
the IRS as political speech, AL and AL Direct will continue to provide
factual information and breaking current news on library-related issues,
including those involving candidates for public office, as it occurs.
In closing, I would encourage you to distribute this information to any
and all ALA discussion lists and member forums. Also, if you have any
questions, please contact Karen Muller, the ALA Librarian, at
kmuller@ala.org.
Sincerely,
James Rettig
ALA President
ALA-APA President

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