Change Dies in Silence: On the Importance of Advocacy in Philanthropy

Foundations and the nonprofits they support share a unique blend of altruism and pragmatism. Regardless of the fields in which we work, we’re driven by our values and we envision a world that offers conditions and opportunities different from those that currently exist. We want things to be better — more fair, more efficient, more comprehensive, more aligned with science and evidence-based practices, or more humane. And our day-to-day work is focused on how to achieve that.

We consult with community leaders, practitioners, academicians, and field experts. We consider successful and failed approaches tried elsewhere. And then we develop pragmatic, strategic plans, detailing the concrete steps to take first, second, and third. We establish benchmarks and indicators to assess our progress toward our vision. We work hard to implement each step, intent upon realizing our vision.

But then, too often, we’re confronted by the limitations of “the best laid plans.” Sometimes, we can revise our plans and forge ahead. But other times, our progress is blocked in more complex ways — by misinformation (or, worse, disinformation), competing interests, powerful bad actors, outdated or unsound policies, entrenched practices, or inadequate funding. Surmounting these impediments requires foundations to raise their voices and support their grantees’ advocacy efforts in any way they can.

Understanding the Legality of Advocacy

It’s important that foundations not shy away from supporting their grantees’ advocacy activities or speaking up themselves, advocating for their own views. Yet, there continues to be confusion about what foundations, under federal IRS regulations, are permitted to do, resulting in many foundations not supporting advocacy at all and thereby undercutting grantees’ success in achieving their goals.

The truth is that public and private foundations may legally support all kinds of advocacy activities, including:

• Research

• Public education

• Organizing

• Policy analysis

• Regulatory reform

• Advocacy capacity building

• Media outreach

• Litigation

The Nuances of Lobbying Laws

The Council on Foundations defines lobbying as “any activity that attempts to influence or expresses a view about specific legislation.” Congress has prohibited private foundations from lobbying, except lobbying for a project that’s jointly funded with the government or in self-defense to protect their existence, tax-exempt status, powers and duties, or deductibility of contributions to foundations. Public foundations, such as community foundations, are subject to many fewer restrictions.

Importantly, the restrictions on lobbying don’t carry over to foundations’ grantees. While private foundations can’t earmark support for lobbying, they can provide:

• General operating support, which a grantee can choose to use to support lobbying activities

• Unrestricted project support, which a grantee can also use to support lobbying activities as long as the grant is equal to or less than the grantee’s budget for non-lobbying activities

What Foundations Can Do To Support Grantee Advocacy

By not supporting any advocacy activities, foundations are, in effect, abdicating their responsibility to make the most of their resources. Fortunately, there are many steps foundations can make to make advocacy a central part of the way they support grantees.

1. Learn What’s Possible

The Alliance for Justice’s Philanthropy Advocacy Playbook sets forth the benefits and potential impact of foundations supporting advocacy activities and advocating themselves. The document also describes the legal rules relating to advocacy, including lobbying. It’s a comprehensive, clearly written, and well-researched document — dispelling myths about foundations’ engagement in advocacy and providing case studies of foundations exponentially increasing their impact through advocacy.

Foundation board members and staff would benefit from taking the time to review it together. In addition, they can attend educational sessions periodically offered by the Maine Philanthropy Center on grantmaking to support advocacy. Its next session, held in conjunction with Bolder Advocacy and grantmakers in Connecticut and Rhode Island, will take place on May 19th.

2. Open Up Advocacy Opportunities

Foundations can also support grantees’ advocacy efforts by:

• Providing general operating support and unrestricted project support to activist nonprofit organizations

• Removing restrictions on lobbying from their grant notification letters

• Supporting advocacy training programs

They can also encourage grantees to conduct advocacy activities, including lobbying, taking full advantage of their experience, knowledge, and perspectives.

3. Mobilize the Community

Similarly, foundations can influence advocacy efforts and conversations by:

• Sharing their expertise on issues with policymakers, journalists, and other funders

• Accepting written invitations from legislative committees to provide testimony (considered technical assistance)

• Awarding expenditure responsibility grants for the non-lobbying activities of 501(c)4 organizations

To whet the ground for change, foundations can commission nonpartisan research and analysis on policies, practices, and unmet needs. Further, they can convene nonprofits, academicians, former government officials, and other key actors to discuss public policy issues and explore novel approaches.

The Cost of Remaining Silent

Foundations invest considerable thought and effort into shaping their grantmaking and non-grantmaking activities to reach particular goals and create new opportunities and better conditions. But we run the danger of significantly reducing our progress and impact if we don’t support advocacy activities and raise our own voices.

The Washington Post is known for its slogan “Democracy Dies in Darkness,” which emphasizes the importance of transparency. In the philanthropic sector, a similar slogan has become increasingly critical to our work, underscoring the importance of advocacy: “Change Dies in Silence.”