Wrongdoing at the IRS is putting Americans’ privacy and First Amendment rights at risk. Congress must take action to build on President Trump’s efforts to end the weaponization of government against its citizens.

House Judiciary Committee Chairman Jim Jordan (R-OH) recently uncovered evidence that the former IRS contractor who stole President Trump’s tax return, Charles Littlejohn, also leaked over 400,000 other confidential tax records to The New York Times and ProPublica. Tax records reveal sensitive personal and financial information about American citizens, including their donations to nonprofit causes. Corrupt or biased government officials as well as private actors can abuse these records to target Americans for retaliation or disparate treatment based on their beliefs and associations.

The leaking of confidential IRS records is just the latest example of the weaponization of federal agencies to chill free speech, target nonprofits, and erode Americans’ constitutionally protected rights. Lois Lerner, former IRS Director of Exempt Organizations, orchestrated perhaps the agency’s most infamous targeting of nonprofits in the Tea Party targeting scandal under President Obama. Lerner’s rampant abuses led to House and Senate investigations that exposed politically motivated audits and intentional delays in approvals of applications for tax-exempt status – but only for conservative organizations.

Kamala Harris, as California Attorney General, also targeted nonprofits by demanding their donor lists. The Supreme Court ultimately struck down that practice as a violation of First Amendment protections in the 2021 case, Americans for Prosperity Foundation (AFPF) v. Bonta. Yet state and federal lawmakers continue to explore new avenues to force American citizens to expose their support for nonprofits to government officials.

Fortunately, reforms are available to better safeguard Americans’ private tax records and protect donor privacy by preventing weaponization of government:

• Congress can begin by supporting key budget riders to prevent the IRS and SEC from invading the privacy of nonprofit donors through new regulations.
• Members of Congress should also pass the Speech Privacy Act. This legislation codifies privacy reforms that were adopted during President Trump’s first term and since reaffirmed by Supreme Court rulings.
• Lastly, Congress should take care not to inadvertently expand the power of the IRS to invade Americans’ privacy when considering legislation on other topics, such as preventing foreign influence in elections.

America was founded on the principles of free speech and private association, recognizing that individuals must be able to support causes they believe in without fear of retaliation – just as our Founders wrote anonymously to advocate for independence. The Supreme Court has repeatedly enshrined and upheld donor privacy protections, from NAACP v. Alabama (1958) to AFPF v. Bonta (2021), recognizing that forced disclosure of Americans’ beliefs and associations violates the First Amendment. Public opinion also supports enhanced donor privacy protections: 70% of voters agree nonprofits play a vital role in civic education and free speech.

Regardless of the target, Congress must ensure that no administration – Democrat or Republican – can abuse nonprofit donor information to chill Americans’ free speech.