Nonprofits, the U.S. Constitution & the ACLU

Fund the People: A Podcast with Rusty Stahl

What's at stake when nonprofits and democracy are under attack? How can organizations respond effectively to threats against their tax status and Constitutional rights? In this illuminating conversation, Rusty speaks with Mike Zamore, National Director of Policy and Government Affairs at the American Civil Liberties Union (ACLU), about the unprecedented challenges facing nonprofits in today's political climate.

Mike Zamore draws from his 22 years of Capitol Hill experience and current ACLU leadership to explain how nonprofits are essential to America's constitutional framework of checks and balances. He details recent fights against attempts to weaponize government power against nonprofits, including legislation that would have allowed stripping organizations of tax-exempt status without due process. The conversation highlights parallels between threats to individual liberties and threats to nonprofit First Amendment freedoms.

The discussion concludes with practical advice for nonprofits in red states and red districts to effectively engage with Republican representatives regarding the upcoming tax reconciliation bill that could adversely affect the sector. Zamore emphasizes the importance of solidarity, encouraging nonprofits to stand together against intimidation tactics, and that reminding us that maintaining collective courage is crucial for preserving both Constitutional rights and the ability to serve communities.

This episode was recorded the morning of May 9, 2025, before the House Ways and Means Committee revealed the language in their portion of the proposed tax bill, which includes re-introduction of H.R. 9495.

Click here for resources on new tax bill.

Resources referenced in the episode:

• ACLU

• A Call to Action for Red State Nonprofits on the FTP blog

• "Meet the Man Who Wants to Tax Most of the Nonprofit World" by Ben Gose

• "‘Five Alarm Fire': How New Tax Law Could Decimate Nonprofits — and What Can Be Done" by Steve Taylor

• Filibustered!: How to Fix the Broken Senate and Save America, co-authored by Senator Jeff Merkley and Mike Zamore

• "How Will We Know When We Have Lost Our Democracy?"

• Harvard statement "Upholding Our Values, Defending Our University" and lawsuit against the government

• Statement of Solidarity with Harvard University

• FTP Podcast Episode “Dr. King, AmeriCorps, & Nonprofit Work - with Michael Smith, AmeriCorps”

• “AmeriCorps members who respond to disasters and help nonprofits are let go in DOGE cuts”

Guest Bio:

Mike Zamore is the National Director of Policy & Government Affairs at the ACLU, where he leads efforts to harness the organization’s vast expertise, 4 million members and supporters, paid staff in every state, and electoral work to shape federal, state, and local policy.

Mike is a 22-year veteran of Capitol Hill, and spent over 14 years as the Chief of Staff to Senator Jeff Merkley, an Oregon Democrat first elected in 2008. As Merkley’s top aide, Mike managed a 50+ person staff and $4 million budget, counseled the Senator on legislative and political strategy, represented the Senator to various constituencies, and led two successful re-elections.

Prior to joining Senator Merkley, Mike was the Policy Director at the Democratic Senatorial Campaign Committee, where he assisted the 2008 Senate candidates develop their positions on the issues. Mike earlier served as Policy Advisor to Representative Patrick Kennedy and spearheaded Kennedy’s legislative agenda, including mental health parity legislation that became law in 2008, and spoke frequently on health systems reform. Earlier in his career, he spent several years working on business development projects in the early days of post-Soviet Russia and clerked for Judge Allyne R. Ross on the Eastern District of New York.

Mike is an adjunct faculty member at American University’s Washington College of Law. He graduated from Brown University and Harvard Law School, lives in Washington, DC with his wife and two sons.