How is the Government Threatening Activist Artists and Arts Organization?

Bill Cleveland: 00:00:01

Hey there. This is Bill Cleveland.

And today on our weather report, we're wading into stormy waters, namely threats to activist artists and arts organizations coming not from creeps and trolls on the Internet, but from our own government. From the center for the Study of Art and Community.

This is the Art is Change weather report, the chronicle of art and social change, where activist artists and cultural organizers share the skills and strategies they need to thrive as creative community leaders. So this week we're focusing on what's happening to creative change agents out there and on what might be coming.

Yep, we're talking about funding being yanked, but also loyalty style clauses slipped into grants and organizations being told to sit down and shut up or else. Over the next 20 minutes or so, we'll take a quick walk through what's already taking place, what might be coming and what we can do about it.

I'll also share how some organizations and programs are stepping up to defend the field. Please know we're sharing this with a caveat. We're not a law or accounting firm.

And if you find yourself between a rock and a hard place, please follow the advice that we repeat over and over in this show. Get expert counsel and don't go it alone. Part 1 what is already Happening okay, let's start at ground zero. These aren't just distant thunderclouds.

They're storms that have already made landfall, many of which you are probably very much aware of.

In April of this year, the National Endowment for the Arts tried to enforce new grant restrictions tied to an executive order about so called gender ideology. Several groups, including Rhode Island Latino Arts and the National Queer Theatre sued.

The courts ultimately struck the policy down in September, calling it unconstitutional. In New Mexico just last month, organizations like Gallup Arts made headlines by turning down state arts sub grants. Why?

remember Florida, in October: 2024

That's $32 million gone overnight. Meanwhile, over at the National Endowment for the Humanities, our new administration's efficiency office moved to completely gut the agency.

Reports say up to 80% of staff were cut and already awarded grants were rescinded. That's not slow erosion, that's amputation. And Congress, the House has proposed cutting NEA funding by 35% while the Senate wants to keep it steady.

So local and state arts agencies are planning in a fog, Part two. What else might be coming. So looking further down the road, the playbook is getting clearer.

First, in the wake of Charlie Kirk's murder, there are increased threats of using non profit status as a weapon. Expect louder calls to yank 501C3 status from groups accused of divisive or unpatriotic programming or even terrorist affiliation.

Of course, it isn't just artists or cultural groups in the crosshairs. Lately, the administration has escalated its rhetoric.

,: 2025

The message was foundations and nonprofits that fund activism could be framed as part of a domestic threat. Here's a bit of what White House Deputy Chief of Staff Stephen Miller had.

Steven Miller: 00:04:55

To say about that the storm whispers to the warrior that you cannot withstand my strength. And the warrior whispers back, I am the storm. We are the storm. And our enemies cannot comprehend our strength, our determination.

We will prevail over the forces of wickedness and evil. They can cannot imagine what they have awakened. They cannot conceive of the army that they have arisen in.

All of us, those trying to foment hatred against us, what do you have? You are wickedness. You are jealousy. You are envy. You are hatred. You are nothing. You can create nothing.

You have no idea the dragon you have awakened awakened.

Bill Cleveland: 00:05:52

In response this past week, more than 100 philanthropies, from the Ford foundation to George Soros Open society foundation to MacArthur Knight and the Schmidt Family foundation, signed an open letter pushing back hard against what they see as an existential threat.

The letter condemned both political violence and political retribution, insisting that charities should never be attacked for living out their values.

mpaigning by nonprofits since: 1953

Confusing the difference, which is quite clear, is part of the administration's intimidation strategy. Second, those loyalty oath style certifications we saw in New Mexico? Well, that's likely to spread even when clauses like these get walked back.

The chill remains. Third, there's the patriotism test.

The NEA's new guidelines for the 250th anniversary put a spotlight on patriotic themes while quietly eliminating The Challenge America category. On paper, it sounds benign. In practice, it narrows the field of who and what gets support. And then there's the simplest tactic of all.

Targeting agencies like the NEA and neh, the President's Commission on the Arts, the Institute for Museum and Library Services, the Smithsonian, the State Department cultural programs and hollowing them out from the inside. Fewer staff, rescinded awards, frozen vacancies, starved the system slowly and watched programs collapse without a single defunding vote.

Part 3 what can you do if you're targeted? So let's say the hammer comes down on you. What then? First, document everything. Every email, every phone call, every odd new clause in a contract.

Screenshot it and back it up. Second, call a lawyer. Early.

Nonprofit law and First Amendment specialists are out there and they'll tell you exactly where the legal lines really are. I know many of you do not feel lowering up is a realistic option.

It may not be, but please know that there is much more pro bono assistance available than you might think. So please check out the list of resources in our show notes. Now, if the IRS comes knocking, don't panic. Read the notice, Mark the deadline.

Get expert advice and support and respond on time. Remember, issue advocacy and civic education are allowed. What's banned is direct campaign activity.

And if you're attacked in public, maybe a politician takes a swing at you in a speech, shine a light back. Mobilize your board, your partners, your audiences. Get the facts straight.

And if you need to go to court, those NEA lawsuits show overreach can be beaten. Most important, do not go it alone. Part 4 no surprises now those are in the trench strategies.

But what can you do ahead of time to avoid being a deer in the headlights? Well, first of all, heed the mantra. Preparation is survival. So we'll start with the basics.

You need immaculate financials, a clear, unambiguous mission, an active and courageous board, and again, expert advisors. If your house is in order, it's harder to knock it down. Next, if it isn't already, diversify your revenue.

Don't balance everything on one leg because if that leg gets kicked out, down you go. Then train your staff and board. Teach them the difference between advocacy and campaigning.

Too many organizations self censor out of fear and then read the fine print in your grants. If a clause smells fishy, consult a lawyer and ask for clarification in writing. Most of all, build your alliances now.

Groups like the national assembly of State Arts Agencies, Americans for the Arts and Alliance for Justice Cal Nonprofits, and the Chronicle of Philanthropy are already tracking, alerting and helping folks organize to fight back.

Please know that these and many more organizations who are listed in our show notes are are Joining the fray Part 5 A pit stop on Nonprofit Law I'm adding this because fear thrives in a fog. So here's what 501c3 really means. It's pretty simple. You exist for charitable or educational purposes. You can't endorse candidates.

Lobbying is limited but legal. And of course private enurement is off limits. What you may be asking is private enorment? Well, here's the official language.

The enorment prohibition precludes any of the income or assets of a charity from unfairly or unreasonably benefiting, either directly or indirectly, individuals who have close relationships with their organizations and the ability to exercise control over them. And yes, you have to file your 990s now. If someone like the IRS threatens to yank your status, know this. It's a process.

There are notices, reviews and responses. You are not without tools and you are not without rights. And there are people out there who know the law and can help you.

Part 6 Tools and resources so let's talk about resources and responses to all this. Here are some specifics about a few that I've already mentioned.

The national assembly of State Arts Agencies is tracking every budget move and arming state agencies with talking points. Americans for the Arts and the Arts Action Fund are running rapid response campaigns and toolkits.

The American alliance of Museums is pushing advocacy alerts and templates any arts organization can adapt. The International center for Nonprofit Law and incredible information on U.S. legal threats.

The Council on Nonprofits provides up to date alerts, tools and policy tracking. Goodwin Law has incredible insights into legal challenges that affect nonprofits.

The alliance for justice has a great guide on nonprofit advocacy rights. And on their website, Tenenbaum Legal shares a step by step breakdown on what to do if the IRS comes knocking. Now these are lifelines.

And like I said, there are many, many more organizations out there that are working hard to support you. Those links are in our show notes, so grab them, share them, and keep them handy. So let me finish up by saying something I think we all know.

Artists have always been inconvenient to people in power. That's our job. We stir the compost. We tell the truth. We keep freedom visible.

So when those in power try to muzzle us by cutting funds, twisting laws, or stoking fear, we need to answer together, locally and at the state and national level. Loud, clear and unbowed. If this helped you see the landscape a little more clearly. Please pass it on.

If your organization is under fire, don't go quiet. Reach out, get help. And remember, you are not alone. Artist Change is a production of the center for the Study of Art and Community.

Our theme in Soundscape springs forth from the head, heart and hand of the the Maestro Judy Munson. Our text editing is by Andre Nebe. Our effects come from freesound.org and our inspiration comes from the ever present spirit of OOC235.

So until next time, stay well, do good and spread the good word. Once again, please know this episode has been 100% human.