The New York Times first reported that Verizon Wireless rejected a request from NARAL Pro-Choice America to use Verizon's mobile network for a text-message campaign. Verizon held that, "it had the right to block 'controversial or unsavory' text messages" while the other wireless carriers accepted the program. Text messaging is increasingly being used as a powerful tool by political candidates and various advocacy campaigns. Supporters can be informed of various updates, calls to action, or even reminders to vote. "But legal experts said private companies like Verizon probably have the legal right to decide which messages to carry. The laws that forbid common carriers from interfering with voice transmissions on ordinary phone lines do not apply to text messages."

"In turning down the program, Verizon . . . told Naral that it does not accept programs from any group 'that seeks to promote an agenda or distribute content that, in its discretion, may be seen as controversial or unsavory to any of our users.'"

Now it turns out that Verizon will allow NARAL to use its network. "The decision to not allow text messaging on an important, though sensitive, public policy issue was incorrect, and we have fixed the process that led to this isolated incident," Jeffrey Nelson, a company spokesman, said in a statement."

After Verizon reversed its policy Nancy Keenan, NARAL's president, issued a press release saying, "Let's hope Verizon has learned a lesson today: citizen participation in democracy is neither 'unsavory' nor 'controversial.'"

Bob Bauer at moresoftmoneyhardlaw.com draws together recent occasions where issue advertising has come under heavy scrutiny; the MoveOn.org ad, the Wisconsin Right to Life Supreme Court ruling, and now Verizon. "It is a question really making the rounds these days: who will be heard on an issue, or denied?"

"While Wisconsin Right to Life, other nonprofits and the unions resist government restraints on their speech, large companies with control over communications channels can influence access and volume with large consequence for the quality of debate."

And see this NPAction story on using cell phones in advocacy.

The LA Times reports that All Saints Episcopal Church in Pasadena, California has announced that the Internal Revenue Service (IRS) investigation which began June 2005 has now been closed. The IRS will not revoke the church's tax-exempt status because of a 2004 anti-war, anti-poverty sermon delivered by its former pastor Rev. George F. Regas on the Sunday before the 2004 presidential election, despite the IRS determination that "the Church intervened in the 2004 Presidential election campaign." The letter the IRS sent to All Saints says; "We note this appears to be a one-time occurrence and that you have policies in place to ensure that the Church complies with the prohibition against intervention in campaigns for public office."

The church has now asked the Treasury Department to investigate if the investigation was politically motivated and whether officials from the Justice Department had become involved in the matter.

The All Saints press release states; "Synagogues, mosques, and churches across America have no more guidance about how the IRS rules now than when we started this process over two long years ago. The impact of the letter leaves a chilling effect cast over the freedom of America's pulpits to preach core moral values. We have no choice but to demand clarification on this matter with the IRS."

BNA Money and Politics ($$) describes the investigation as, "a test case for freedom of the pulpit and a focal point of the debate over free speech in churches."

The Honest Leadership and Open Government Act of 2007 (S.1) was signed into law on Friday Sept. 14. As BNA Money and Politics ($$) reports; "Bush was decidedly less enthusiastic. In a five-paragraph, written statement issued by the White House, the president said he signed the new measure despite misgivings about its overall thrust and specific problems with some key provisions." For more information on changes for nonprofits, click here, and for more background visit the OMB Watch lobbying reform and government ethics resource center.

The Senate amended the State-Foreign Operations bill (HR 2764) to overturn existing policy, known as the "Mexico City" policy banning international aid for overseas groups that perform abortions or related services such as counseling. The underlying bill would have weakened the existing "Mexico City" policy by allowing the U.S. to provide condoms to organizations overseas, but the amendment passed with a 53-41 vote overturning the policy altogether. According to CQ ($$), in defense of the amendment Senator Boxer (D-CA) said, "You have to choose between helping the people in your country — by speaking out, by offering counseling — or American dollars."

The lobbying and ethics reform bill, S.1, was finally sent to President Bush Sept. 4, and Bush is expected to sign the measure into law early next week. This comes after the bill was withheld from the president out of concern of a possible veto. The president reportedly has concerns over the earmark provisions and the revolving door provisions.