Local Churches and First Amendment Rights

On September 25, 2025, the President of the United States released a Presidential Memorandum titled Countering Domestic Terrorism and Organized Political Violence. The memorandum asserts that political violence is being organized by anti-fascists, which the memo defines as those who support “anti-Americanism, anti-capitalism, and anti-Christianity; support for the overthrow of the United States Government; extremism on migration, race, and gender; and hostility towards those who hold traditional American views on family, religion, and morality.”

The September 25 Memorandum is one statement in an ongoing strategy. The current administration has prioritized aggressive deportation of immigrants, defunding of resources for refugees, and elimination of protections for transgender individuals. To carry out these policy objectives, the administration has issued executive orders and revoked executive orders of previous presidents, changed policies at federal agencies, and declined to advocate for previous policy positions in ongoing litigation.

United Church of Christ settings have raised concerns about the impact of the President’s directives in this Memorandum and other policy announcements on their ministries and questions about the legal boundaries of these directives. Many United Church of Christ Local Churches have ministries and congregations supporting and advocating for immigrants, anti-racism, and LGBTQ+ inclusion. Living out mission priorities for any church, regardless of its theological positions, may include using its collective voice to speak to its community, engaging in peaceful protest, and lobbying within the limits of Internal Revenue Code Section 501(c)(3).

These rapid policy changes and statements of individual government officials, including the President, about the policy objectives of the administration have been interpreted by some to imply certain speech and actions by private individuals and businesses that were previously legal are now illegal. While executive orders do have the force of law, they cannot change existing law. Only Congress, not the President, can pass or change laws. 

United Church of Christ settings continue to have First Amendment rights to religious exercise and freedom of speech. They are not prohibited from continuing to advance their mission priorities so long as their activities comply with established law. United Church of Christ settings must be attentive to their obligations under Internal Revenue Code Section 501(c)(3), including no political campaign intervention; minimal lobbying; no promotion of a criminal purpose; no private benefit; and no insider inurement.

Preaching and advocating publicly for a church’s religious beliefs including care for immigrants and refugees, inclusion and acceptance of the LGBTQ+ community, advancement of racial equity, and other justice issues according to the church’s theology are protected by the First Amendment. Any church’s ministry may attract unwanted attention or harassment, but the government cannot impose consequences on churches for exercising its First Amendment rights. If a church has specific concerns about speech related to a particular ministry, it should seek the advice of an attorney. If a church receives federal funding for its ministries, it should be attentive to the terms and conditions of that funding in consultation with its attorney.

The fears of UCC ministry settings are real and not unfounded. Some organizations are being public targeted by the federal government. The administration has moved aggressively against universities, law firms, and large corporations that are not ideologically aligned with the current administration. Legislation has been proposed that would make it easier to remove a tax-exempt organization’s 501(c)(3) status with little recourse. Some government actions are being challenged in court; however, the legal process is slow and harm is occurring in the interim. Many questions about how the administration’s policy objectives will be achieved remain unanswered. In the face of this, it is not surprising that UCC ministry settings are concerned; however, they should continue to follow the law and do the ministry they are called to do.

The information provided in this article is not legal advice.  If you need legal advice, please consult with an attorney.