Attorney to Hanning: ORTA cannot endorse without violating the criteria for its tax exempt status

From John Curry, July 10, 2006

Dave, thanks you for your reply on this matter. I do appreciate someone like you who has been in the forefront and is straightforward with an answer that does not leave one guessing (as have some answers from those whom we are both familiar with.) I can say that I am very happy existing as a CORE "member only" and being able to exercise my First Amendment right without worry as to endangering the status of an organization that I respect. Your input and straightforwardness is an informative breath of fresh air.

John - a Proud CORE member

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Dave Speas to John Curry, July 10, 2006
Subject: Re: ORTA, their officers, and

I am the director of a 501C3. I can speak as a private citizen but I must state that I am doing so. Even when I am not in a meeting, the newspaper can state the director of Freedom Through Education stated that he believes so and so. That can get us in trouble. I have stated publicly where I stand but I am careful not to seem to be speaking for ORTA or Freedom Th. Ed. It is a fine line and when we are officers for a state organization, it is especially narrow as we could lose the organization's 501C4. It cannot appear in any way we are speaking for the organization and that is sometimes in the eye of the beholder. That is why I have stated in the past it is better for us to speak out in our local communities and lead from there. We do not endanger the status of the organization.

Dave

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From John Curry, July 10, 2006
Subject: ORTA, their officers, and

Dave,

What if the individaul officers of ORTA utter and disseminate their own "personal opinions" re. the current crop of candidates for office? Even though they are officers of a tax-exempt organization doesn't exclude them from being protected by the First Amendment and their freedom of INDIVIDUAL expression - does it?

John

From Molly Janczyk, July 10, 2006
Subject: ORTA: 501(c)(4)]

Certainly. Thanks.

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Dave to Molly, July 10, 2006

Subject: 501(c)(4)]

Molly, Please pass this on to our email friends.

Dave

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Thayne D. Gray to Ann Hanning, July 10, 2006
Subject: 501(c)(4)

Ms. Hanning,

Jim asked me to review and respond to your follow-up question. ORTA cannot endorse a candidate for political office without violating the criteria for its tax exempt status. The regulations provided that "activities which constitute participation or intervention in a political campaign on behalf of or in opposition to a candidate include, but are not limited to, the publication or distribution of written or printed statements or the making of oral statements on behalf of or in opposition to such a candidate." If you have other questions about specific proposed activities for the Association, I would be happy to review and respond to them.

Thayne D. Gray
Manos, Martin, Pergram & Dietz Co., LPA