The threatening of liberal foundations and nonprofits after Kirk’s death

 

What are the Trump administration’s allegations?

High-ranking members of the Trump administration, including Vice President JD Vance and Deputy Chief of Staff Stephen Miller, are accusing certain progressive organizations of encouraging violence against right-wing public figures and suggesting they played a role in Kirk’s death. Miller, for example, has likened those groups to “a vast domestic terror movement.”

Vance has said the government will “go after the NGO network that foments, facilitates and engages in violence,” in a reference to nonprofits he alleges are supporting illegal activities.

President Donald Trump has blamed Kirk’s death on “a radical left group of lunatics” that doesn’t “play fair.” He has stated that they are “already under major investigation,” although no such probe has been disclosed to date. Trump has raised the possibility of criminal charges under the Racketeer Influenced and Corrupt Organizations Act, known as the RICO statute, which is typically used to prosecute gangs and organized crime rings. But, to be clear, the Trump administration has not yet produced evidence to support any of its allegations of wrongdoing by nonprofits and their funders.

A video feed is displayed in the White House briefing room on Sept. 15, 2025, as U.S. Vice President JD Vance hosts a podcast episode of ‘The Charlie Kirk Show’ at the White House, following the assassination of the show’s namesake. Kevin Dietsch/Getty Images

What organizations are being targeted?

Some conservative media outlets and Trump administration members have singled out specific nonprofits and funders. Their targets include billionaire George Soros, whose Open Society Foundations are among the country’s largest philanthropies, and the Ford Foundation, another of the nation’s top grant makers. The outlets and officials claim that both foundations allegedly provided money to as-of-yet unnamed groups that “radicalized” Tyler Robinson and led to what the White House has called “organized agitation.”

Another target is the Southern Poverty Law Center, a civil rights organization that regularly reported comments Kirk made disparaging Black, LGBTQ and other people.

The Ford Foundation is among more than 100 funders that signed onto an open letter posted to the Medium platform on Sept. 17, in which they objected to these Trump administration’s attacks. Open Society Foundations also signed the letter, and, in a post on the X platform, it denied the specific allegations directed at it by the Trump administration. The Southern Poverty Law Center has posted its own denial on Facebook.

Most but not all of the organizations Trump and his officials have accused of wrongdoing are charitable nonprofits and foundations. These organizations operate in accordance with the rules spelled out in Section 501(c)(3) of the U.S. tax code.

What can count as a charitable activity is defined very broadly due to the language that Congress approved over a century ago. It includes public policy advocacy, a limited amount of direct lobbying, social services and a broad range of other activities that include running nonprofit hospitals, theaters and universities. Churches and other houses of worship count as U.S. charities too.

The rights of nonprofits are also protected under the First Amendment to the U.S. Constitution, which entitles them to freedom of speech, freedom of the press, freedom of religion, and the right to assemble and “petition the government for a redress of grievances” – which cements their right to participate in public policy advocacy.

Obviously, institutions – including nonprofits – and the people who lead them can’t promote criminal activity or incite political violence without breaking the law. U.S. Supreme Court precedents have set the bar very high on what counts as an incitement to violence.

Are there any precedents for this?

The Republican Party has previously attempted, and failed, several times in the past few years to expand the executive branch’s power to deregister charities for partisan purposes. Most recently, GOP House members drafted an amendment that was cut from the final version of the big tax-and-spending bill Trump signed on July 4. But many nonprofit advocates remain concerned about the possibility of the Trump administration using other means to limit nonprofit political rights.

Are there precedents for the repression of US nonprofits and their funders?

Under the Bill of Rights, the U.S. has strong protections in place that shield nonprofits from partisan attacks. Still, there are some precedents for attempts to repress them. The Johnson Amendment to a tax bill passed in 1954 is a well-known example. This law ended the ability of 501(c)(3) charities, private foundations and religious organizations to interfere in political campaigns.

Despite strong support from the public and the nonprofit sector for keeping it in place, the Trump administration has attempted to repeal the Johnson Amendment. What is largely forgotten is that Lyndon B. Johnson, then a member of Congress, introduced the measure to silence two conservative charities in his Texas district that supported his political opponent.

The Republican Party has also claimed in recent years that conservatives have been victims of efforts to suppress their freedom to establish and operate charitable nonprofits. A notable case was the GOP’s accusation during the Obama administration that the Internal Revenue Service was unfairly targeting Tea Party groups for extra scrutiny. Following years of outrage over that alleged partisanship, however, it later turned out that the IRS had applied extra scrutiny to progressive groups as well.

Some political observers have suggested that the Trump administration’s inspiration for targeting certain nonprofits and their funders comes from what’s going on in other countries. Hungary, Russia, Turkey and other countries have punished the activities of their political opponents and nongovernmental organizations as crimes.

What do you think could ultimately be at stake?

The economic and political freedoms that are the bedrock of a true democracy rely on a diversity of ideas. The mechanism for implementing that ideal in the U.S. relies heavily on a long-standing Supreme Court doctrine that extends constitutional rights to individuals and organizations alike. Nonprofits, in other words, have constitutional rights.

What this means for American society is a much greater proliferation of nonprofit activity than you see in many other countries, with the inevitable result that many organizations espouse unpopular opinions or views that clash with public opinion or the goals of a major political party. That situation does not make their activities illegal.

Even Americans who disagree with the missions of Turning Point USA or the Southern Poverty Law Center should be able to agree that both institutions contribute to what Supreme Court Justice William O. Douglas once called the “market place of ideas” necessary for an open democracy.

Is it easy to see what donors fund and what nonprofits do with their money?

This situation leaves open the question of whether the public has a right to know who is bankrolling a nonprofit’s activity. Following the money can be frustrating. Federal law is somewhat contradictory in how far it will go to apply democratic ideals of openness and transparency to nonprofit activity. A key example is the long-standing protection of donor privacy in U.S. law, a principle that conservatives generally favor.

The courts have established that making a charitable gift is a protected free speech activity that entitles donors to certain privacy rights. In fact, the most recent U.S. Supreme Court ruling related to charitable giving, handed down in 2021, upheld a conservative nonprofit’s right to strip donors’ names from reporting documents.

This privacy right extends to foundations: They can decide whether to disclose the names of their grant recipients. Still, all nonprofits except churches need to make some disclosures regarding their finances on a mandatory form filed annually.

Looking forward, organizations that advocate for the charitable sector as a whole, such as the National Council of Nonprofits, are closely following the efforts of the Trump administration. Their role is to remind the public that nonprofits on both the right and left side of the political spectrum have strong advocacy rights that don’t disappear when bad things happen.

 -Beth Gazley, Professor of Nonprofit Management and Policy, Indiana University, The Conversation