Editors’ Note: In the new year, NPQ will launch In Defense of Civil Society, a new column from the staff at Protect Democracy. This column will provide timely, research-driven analysis on why protecting American democracy requires protecting civil society and how nonprofits can navigate this moment, stand in solidarity together, and continue our mission-oriented work.
On GivingTuesday, more people in the United States think about nonprofits they care about than at any other time of the year. (An estimated 36 million people participated in GivingTuesday in some capacity last year, and roughly 30 percent of charitable donations are made in the month of December.) If ever there were a good time to come together and speak up about the importance of protecting civil society from the chilling effect of anti-democratic government abuses, this is it.
Over the last year, we’ve all witnessed repeated efforts by government actors to shrink the space that civil society occupies by undermining independent voices and silencing disfavored speech. This giving season presents a prime opportunity for nonprofit organizations to speak broadly about the chilling effect, why efforts to guard against it matter not just for the nonprofit sector but our democracy as a whole, and how we can support each other through it.
Why Nonprofits Matter for Democracy
A strong civil society is one of the hallmarks of a healthy democracy. Comprised of individuals and organizations (particularly nonprofits) that serve a public role or meet a public need but operate outside governmental and corporate spheres, civil society is where people come together to solve problems, join our voices, and support each other.
Our ability to exercise [our] freedoms…is not supposed to be limited solely by our particular viewpoints or the popularity of our beliefs.
Nonprofit organizations provide vital support to local, state, and national communities and have been doing so for decades. We bring people together, giving them spaces to learn, share information, and debate ideas. We nurture trust and bonds between neighbors, helping people organize around what matters to them, whether motivated by their faith, their worldview, or simple concern for their community. And, sometimes, we hold the government accountable for its failures (or worse). If sunlight is the best disinfectant, nonprofits are frequently the ones opening the curtains.
That’s why protecting the work of nonprofits is fundamentally tied up with preserving the constitutional freedoms—speech, assembly, religion, and others—that allow Americans to address the needs of our communities in whatever lawful ways we see fit. The government doesn’t dictate our work. Equally important, it cannot tell us what work not to do.
Our ability to exercise these freedoms, both individually and collectively, is not supposed to be limited solely by our particular viewpoints or the popularity of our beliefs. In a democracy, a robust—even messy—civil society is celebrated and nurtured as part of the essential give-and-take that keeps our diverse country dynamic and prevents any one faction from silencing the others. This is why civil society is such a threat to authoritarianism. Nonprofit organizations foster a natural check on government power through engaged citizenry. And they may advocate for policies or on behalf of groups of people disfavored by the government. Authoritarian governments looking to hold onto or expand their own power rightly view this as a threat.
Threats to Nonprofits Are Part of a Campaign to Silence Dissent
In recent months, we’ve witnessed a worsening pattern in which government power is wielded against independent voices who are (or even might be) able to stand in opposition to the current federal administration and its allies. Executive orders, investigations, and aggressive pressure tactics have been deployed against perceived political opponents ranging from public officials to law firms to universities to late-night talk show hosts. (Not to mention the harm inflicted on peaceful protesters exercising their First Amendment rights.) Across the board, the federal government has used its power to silence critics and institutions whose views, words, or actions do not align with the administration’s priorities. Some state governments have followed suit.
It is precisely because nonprofits are such effective engines of action and accountability that they have been included in this wave of political pressure and retribution.
We should also make clear just how chilly the environment has become.
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Congressional inquiries and hearings have focused particular attention on organizations that provide services to migrant communities. We’ve heard repeated calls for planned protests to be treated like organized crime. And in September, the White House upped the ante when it issued an executive order and presidential memorandum ostensibly targeting political violence, but making clear that its real target is political and ideological dissent. Indeed, public reports that the administration is starting investigations into lists of political enemies have triggered alarm bells for many observers.
Promises to specifically investigate philanthropy and others on “the left” are having a distinct and intended chilling effect, sowing fears that nonprofits could be labeled as “animating” violence—as the presidential memo put it—simply for criticizing those in power. Adding to those fears, career professionals at the IRS who have in the past resisted pressure to target the tax-exempt status of disfavored organizations are reportedly being replaced by new leadership.
This is not “politics as usual.” These efforts strike at fundamental freedoms and the guardrails that keep whoever happens to be in power from eliminating all opposition. Bit by bit, they quash dissent and help the government (especially the executive branch) to consolidate power—key parts of the authoritarian playbook that allow leaders to keep all the outward trappings of democracy, while shrinking civic space, dismantling the rule of law, and otherwise hollowing out all the things that make democracy actually work.
Nonprofits Should Address the Chilling Effect
The threat to civil society generally doesn’t make headlines, especially outside of Washington, DC. Most people in most places in the country probably haven’t yet noticed the chill. Their local food banks and community centers may be facing significant challenges related to funding cuts and growing demand, and their websites may have been scrubbed of verboten topics such as diversity and inclusion. But most local organizations haven’t yet been targeted by individualized government intimidation. And we are so accustomed to being surrounded by a robust civil society that we do not often think about it or the guardrails that sustain it.
As we head into December, nonprofits have a once-a-year chance to change that. For the next few weeks, we can reach larger audiences than usual: Volunteers will be more active, and many donors will write their annual checks between now and the end of the year. Many organizations will also make substantial use of social media, e-mail newsletters, and other communication channels.
With this increased contact comes the opportunity to highlight how important a vibrant and independent civil society is for our democracy.
In making appeals for support or expressing gratitude for donations of time and money, nonprofits can make sure to lift up not only our own good work, but that of American civil society writ large.
However the threat to civil society evolves, we know that we will be better able to withstand the threat if organizations stand up for and with each other.
We should also make clear just how chilly the environment has become. People in the United States don’t like government power being used to silence political disagreement, and have very strong views favoring basic rights like freedom of speech. Messaging to supporters about government efforts to limit or punish organizations in these ways is likely to resonate. This could look like a newsletter or social media celebrating nonprofits’ work as an expression of our freedoms, or a thank-you note to donors acknowledging the particular importance of their support in this challenging environment.
Of course, this giving season will inevitably end. As the cycle turns, organizations should consider how they’ll continue to navigate the current landscape. And there are resources to help organizations navigate these times—see, for example, Protect Democracy’s Nonprofit Toolkit for facing government investigations.
Nonprofit associations, civic leagues, and organized coalitions offer options for mutual support and can be especially powerful when they connect leaders and organizations across different perspectives and backgrounds. However the threat to civil society evolves, we know that we will be better able to withstand the threat if organizations stand up for and with each other.
