After years of leftist attempts to silence dissenting voices, including Republicans, pro-lifers, and faith leaders, the Trump Administration and Congress are seeking to restore our First Amendment rights to free speech and religious expression. We are grateful for these efforts to reverse the silencing of people of faith.
One of Eagle Forum’s top priorities this year is to work for the repeal of the Freedom of Access to Clinic Entrances (FACE) Act. The FACE Act is a federal criminal law prohibiting actions blocking access to abortion clinics. It became law in 1994 as an effort to silence pro-lifers who peacefully protest outside abortion mills, making it a crime to speak out against the greatest civil rights issue of our time — the murder of the unborn.
At the time of its passage, a Senate Judiciary staffer named Ed Whelan (now, a fellow at the Ethics and Public Policy Center), proposed that the bill should extend to other facilities that tend to be attacked because of their beliefs, such as churches and other places of worship. Sen. Ted Kennedy (D-MA) actually offered the amendment to expand the bill and its adoption led to the law’s passage. But it has rarely been used to protect churches. This sad fact has caused Mr. Whelan to joke:
Alas, my effort to have the title of the legislation changed from the Freedom of Access to Clinic Entrances Act to the Freedom of Access to Religious and Clinic Entrances Act — the FARCE Act — was not as successful.
Unfortunately, the FACE Act has been just that — a farce. It has only gotten worse after Roe v. Wade was overturned in Dobbs v. Jackson Women’s Health Organization. In just five months, more than 100 pregnancy centers, pro-life organizations, and places of worship endured acts of violence. Since 2022, 326 Catholic Churches have been attacked through vandalism, arson, and illegal disruptions. Most of these crimes have occurred in liberal areas such as California, Washington, D.C., and New York. All occurred under the Biden administration, yet nearly none of these cases were prosecuted.
A whopping 97% of cases prosecuted under the FACE Act have been against pro-life Americans. Because of the clear targeting, President Trump pardoned 23 pro-life activists convicted under this law the day before the March for Life 2025. One pardon recipient is 89-year-old Eva Edl, a survivor of a communist concentration camp, who was convicted for simply sitting in front of an abortion facility entrance in her wheelchair. Another, Paul Vaughn, was arrested at gunpoint at home in front of his children for peacefully protesting at an abortion clinic.
The Department of Justice (DOJ) issued a memo in January to limit enforcement of the FACE Act due to the weaponization of the federal government by the Biden administration. Attorney General Pam Bondi stated during her Senate confirmation hearing stating the “law should be applied evenhandedly.”
Democrat administrations have also weaponized the tax law against Christians. Former President Lyndon B. Johnson was a huge catalyst for this sentiment. Under his tenure, the Johnson Amendment was created as part of the 501(c)(3) tax law to prohibit certain nonprofits, such as churches, from “participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office.” Johnson intended to silence those who opposed him, and subsequent Democrat administrations continued to expand its reach.
Since this 1954 provision was enacted, hundreds of churches have been targeted through audits and investigations for simply espousing a political belief from the pulpit. In 1995, The Church at Pierce Creek’s tax status was revoked for taking out a political ad in the newspaper opposing Bill Clinton. Similarly, in 2005, All Saints Episcopal Church received a warning letter from the IRS because the pastor criticized the Iraq War. These instances attempt to silence the free speech rights of religious leaders.
In 2017, President Trump signed an executive order on the National Day of Prayer to ease these restrictions after making a promise at the National Prayer Breakfast to “destroy the Johnson Amendment.” That policy still stands today. Additionally, one of the President’s first actions this year was to reinstate the White House Faith Office to create a direct line between the President and faith leaders and organizations.
Congress is working to codify these efforts as well. Representative Mark Harris (R-NC) will reintroduce the Free Speech Fairness Act next week. Notable Congressmen have introduced it in previous Congresses such as Speaker Mike Johnson (R-LA), Majority Leader Steve Scalise (R-LA), and Rep. Jody Hice (R-GA). Through this legislation, churches, non-profits, and pastors receive federal protections for political speech and the government can no longer single churches out while giving non-profits more rights.
Eagle Forum is a supporter of the Free Speech Fairness Act and looks forward to its introduction. Make sure you are subscribed to our emails and alerts so that you can have a voice on this matter once the legislation begins moving through the House.
