Politically Motivated Attacks Revisited
Rules of the Game: The Bolder Advocacy Podcast
ROTG137 Politically Motivated Attacks Revisited Nonprofit advocates face a complex environment in 2025 where political disagreements routinely escalate into targeted attacks—ranging from carefully crafted misinformation to more extreme tactics like organizational funding cuts, subpoenas, and personal targeting. This episode explores the emerging challenges advocates encounter, offering insights into recognizing, preparing for, and navigating these increasingly sophisticated forms of political pushback. Attorneys for this Episode Brittany Hacker Tim Mooney Quyen Tu ...
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Advocacy for Labor and Economic Justice
Rules of the Game: The Bolder Advocacy Podcast
Today we're wrapping up our eight-part series by exploring how labor and economic justice nonprofits can advance their missions through advocacy. We'll cover recent developments and examine both lobbying and non-lobbying strategies that advocates are using to improve economic justice for all. Attorneys for this episode Tim Mooney Susan Finkle Sourlis Sarah Efthymiou Shownotes Current Events / Executive Orders · Trump Administration Directives Impacting Workers o In March, President Trump issued an executive order exempting...
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Advocacy for Health and Disability Rights
Rules of the Game: The Bolder Advocacy Podcast
Today we're diving into the seventh installment of our eight-part, issue-based podcast series, and we will explore how nonprofits that operate in the health and disability rights space can boldly advance their missions through advocacy. Not only will we touch on recent developments in the news, but we’ll also discuss various lobbying and non-lobbying strategies currently being used by nonprofit advocates working to improve healthcare access and disability rights. Attorneys for this episode Natalie Ossenfort Monika Graham Victor Rivera Shownotes Current Events /...
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Advocacy for Democracy and Voting Rights
Rules of the Game: The Bolder Advocacy Podcast
Today we're diving into the sixth of our eight-part series, exploring how nonprofits champion democracy and protect voting rights. We'll unpack the strategies these organizations use to advocate for democratic participation while operating within the law. This conversation feels especially urgent as we see acceleration to challenges to voting rights and democratic institutions in 2025. Attorneys for this episode Tim Mooney Natalie Ossenfort Susan Finkle Sourlis Shownotes Current Events / Executive Orders · Trump Administration...
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Advocacy for Gender & Reproductive Justice
Rules of the Game: The Bolder Advocacy Podcast
On this episode, the fifth installment of our eight-part, issue-specific series, we’ll explore how nonprofits can boldly and safely advocate for gender and reproductive justice. We’ll review recent policy developments and discuss how nonprofits can respond through legislative, executive, and judicial branch advocacy. Join us as we break down the rules and share recent examples of how nonprofits are advancing gender and reproductive justice. Attorneys for this episode Quyen Tu Brittany Hacker Melissa Marichal Zayas ...
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Advocacy for Environmental Justice
Rules of the Game: The Bolder Advocacy Podcast
In today's episode continuing our eight-part series, we examine how nonprofits are effectively advocating for environmental justice. We'll analyze practical strategies for building awareness and securing advocacy funding while navigating the regulatory frameworks that govern nonprofit activism. Join us for a clear-eyed look at how organizations are making meaningful progress in environmental protection and climate action. Attorneys for this episode Tim Mooney Quyen Tu Susan Finkle Sourlis Shownotes Current Events / Executive Orders: ...
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Advocacy for Criminal Legal Reform
Rules of the Game: The Bolder Advocacy Podcast
On this episode of the Rules of the Game podcast (the third in an eight-part, issue-specific podcast series), we’ll discuss recent headlines impacting criminal legal reform advocates and explain how nonprofits can take action with legislative, executive branch, and judicial branch advocacy. From responding to legislative proposals to initiating litigation, nonprofits nationwide are standing up to fight for our rights and critical reforms to our criminal legal system. This episode will highlight their work and provide information about the rules that apply when nonprofits engage in advocacy...
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Advocacy for Racial Justice, Civil Rights & Immigration
Rules of the Game: The Bolder Advocacy Podcast
On this episode of the Rules of the Game podcast, the second installment of our eight-part series focusing on critical issues, we dive into the latest headlines shaping racial justice and immigrant rights. We’ll explore how nonprofits can play a pivotal role in advocating for change through legislative, executive, and judicial channels. From raising awareness to securing funding for advocacy efforts, nonprofits across the nation are stepping up in the fight to protect our rights. This episode not only highlights their impactful work but also provides crucial insights into the rules...
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Advocacy for LGBTQ+ Communities
Rules of the Game: The Bolder Advocacy Podcast
On this episode of the Rules of the Game podcast (the first in an eight-part, issue-specific podcast series), we’ll discuss recent headlines impacting the LGBTQ+ community and explain how nonprofits can take action with legislative, executive branch, and judicial branch advocacy. From responding to executive orders to initiating litigation, nonprofits across the country are standing up to fight for our rights. This episode will highlight their work and provide information about the rules that apply when nonprofits engage in advocacy on behalf of the LGBTQ+ community. Attorneys for...
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Advocacy & Fiscal Sponsorship
Rules of the Game: The Bolder Advocacy Podcast
For regular listeners of the pod, you may recall that we’ve discussed fiscal sponsorship in past episodes. Fiscal sponsorship is a great way for a new charitable organization to work with an existing 501(c)(3) to get up and running (including engaging in important advocacy) whether waiting to receive its own IRS tax-exempt status or not. Today, we’re going to look at this topic form a different point of view – that is, from the fiscal sponsor’s perspective. On this episode, we’ll chat about considerations fiscal sponsors should keep in mind when engaging in, and when...
info_outlineAs we’ve talked about on previous editions of the pod, advocacy includes a wide array of different options to help change things for the better in our communities. One of the more important, but less discussed methods, is litigation. On this episode, we dive into the role litigation plays in nonprofit advocacy, its treatment under the law, and things to think about if your nonprofit is looking to use this tool for good.
Lawyers for this episode
Natalie Ossenfort
Tim Mooney
Quyen Tu
- Litigation as an advocacy tool (citizen suits, appeals, amicus briefs etc.)
- Treatment under tax law
- Relation to charitable purpose
- Not lobbying under 501(h) or insubstantial part definitions
- Not limited by IRS / Tax Code
- Spectrum of engagement
- Example: Letter of Support signed by over 225 organizations in support of the Fearless Foundation (currently under legal attack for a program that supports the funding of black female entrepreneurs)
- Example: In 2018, Alliance for Justice and Council on Foundations filed a joint amicus brief in the case of Parks Foundation vs. Commissioner of Internal Revenue arguing for a narrow interpretation of what it means to “express a view on specific legislation” when determining whether a nonprofit’s activities constitute lobbying.
- Example: Lambda Legal focuses on litigation in support of LGBTQ+ rights and individuals living with HIV/AIDS. They represent clients in cases involving discrimination, marriage equality, and transgender rights, participating in all stages of litigation. Currently representing AFJ member PFLAG in a Texas case.
- Example: Clean Water Act citizen suits suing polluters for discharges without a permit – we’ll talk more about this specifically later
- Standing: must show harm to the organization or members of the organization
- Publicly supporting (or opposing) another organization’s litigation
- Amicus briefs
- Representing clients
- Litigating as a plaintiff (citizen suits, standing)
- Things to think about
- The law (who are the experts in relevant area of law?)
- The courts (judges matter!) - For more check out AFJ’s federal and state court resources on our website.
- Capacity (internal or external)
- Staff and resources (funding and time)
- Reputation with funders, members, public
- In-house or outside counsel
- Media impact and PR
- Insurance (not sure if this is too deep in the weeds?)
- Examples
- Lawsuits typically target government agencies, industrial polluters, and corporations to enforce existing environmental laws
- Clean Water, Clean Air Act, National Environmental Policy Act (NEPA), Endangered Species Act, Resource Conservation and Recovery Act (RCRA), Safe Drinking Water Act
- Litigates claims of actual innocence made by individuals convicted of serious crimes in Texas.
- Example: Former client, Johnny Pinchback, wrongfully convicted of sexual assault of two teenage girls in Dallas (proven innocent via DIA testing) and formally exonerated via post-conviction habeas corpus litigation
- Stories of clients like Johnny led to increased public awareness of wrongful convictions and even legislative reforms
- Earthjustice (AFJ member) + Waterkeeper Alliance
- Legal Services Corporation & regional public interest law; Legal Aid at Work, Legal Aid Association of CA, CA Women’s Law Center, Tzedek
- Innocence Project of Texas (member of Innocence Network, which is also home to AFJ Member, Innocence Project)
- Resources
- Issue Advocacy: Why Courts Matter
- State Courts Hub
- AFJ Database of reports on federal judges and judicial nominees