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	<title>Comments on: Mitch Needleman Associate Anonymously Smears Clerk of the Court Scott Ellis, claims BWB</title>
	<atom:link href="http://www.brevardoutlook.com/2007/11/10/mitch-needleman-associate-anonymously-smears-clerk-of-the-court-scott-ellis-claims-bwb/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.brevardoutlook.com/2007/11/10/mitch-needleman-associate-anonymously-smears-clerk-of-the-court-scott-ellis-claims-bwb/</link>
	<description>News and commentary on life in Brevard County</description>
	<pubDate>Thu, 20 Nov 2008 09:20:18 +0000</pubDate>
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		<title>By: Linda McKinney</title>
		<link>http://www.brevardoutlook.com/2007/11/10/mitch-needleman-associate-anonymously-smears-clerk-of-the-court-scott-ellis-claims-bwb/#comment-194</link>
		<dc:creator>Linda McKinney</dc:creator>
		<pubDate>Mon, 01 Sep 2008 19:30:50 +0000</pubDate>
		<guid isPermaLink="false">http://www.brevardoutlook.com/2007/11/10/mitch-needleman-associate-anonymously-smears-clerk-of-the-court-scott-ellis-claims-bwb/#comment-194</guid>
		<description>Lucky,

You did the right thing in voting for Scott Ellis. Good for you!</description>
		<content:encoded><![CDATA[<p>Lucky,</p>
<p>You did the right thing in voting for Scott Ellis. Good for you!</p>
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		<title>By: lucky</title>
		<link>http://www.brevardoutlook.com/2007/11/10/mitch-needleman-associate-anonymously-smears-clerk-of-the-court-scott-ellis-claims-bwb/#comment-188</link>
		<dc:creator>lucky</dc:creator>
		<pubDate>Sun, 17 Aug 2008 16:51:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.brevardoutlook.com/2007/11/10/mitch-needleman-associate-anonymously-smears-clerk-of-the-court-scott-ellis-claims-bwb/#comment-188</guid>
		<description>I know my comment doesn't matter much but...I'm voting for scott and keeping my idenity A secret. It is best because there's a war going on out there. I respect him for coming out as a posting in his original name.  People tend to get soo darn personal and down right mean. All the meanwhile we have unemployment and hmlessness and soo much more that the heart of the city needs addressed.  I'm going with the guy who has been in office a long time no matter what people are saying. It is after all my right. Have a nice day.</description>
		<content:encoded><![CDATA[<p>I know my comment doesn&#8217;t matter much but&#8230;I&#8217;m voting for scott and keeping my idenity A secret. It is best because there&#8217;s a war going on out there. I respect him for coming out as a posting in his original name.  People tend to get soo darn personal and down right mean. All the meanwhile we have unemployment and hmlessness and soo much more that the heart of the city needs addressed.  I&#8217;m going with the guy who has been in office a long time no matter what people are saying. It is after all my right. Have a nice day.</p>
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		<title>By: Linda McKinney</title>
		<link>http://www.brevardoutlook.com/2007/11/10/mitch-needleman-associate-anonymously-smears-clerk-of-the-court-scott-ellis-claims-bwb/#comment-178</link>
		<dc:creator>Linda McKinney</dc:creator>
		<pubDate>Fri, 08 Aug 2008 15:32:31 +0000</pubDate>
		<guid isPermaLink="false">http://www.brevardoutlook.com/2007/11/10/mitch-needleman-associate-anonymously-smears-clerk-of-the-court-scott-ellis-claims-bwb/#comment-178</guid>
		<description>DOUG CRAMER WROTE: "But i do think it's inappropriate for him to attach the name of his church to his post..." 

I don't have a problem with it. He apparently  registered here as "Pastor". In order to prevent being questioned later, or accused of being called a liar, adding his church's name and phone number is not only smart, but it's free advertising for his church. People who like his stances here may wish to go. Not a problem in my eyes. If you have a problem with that, maybe it's something you need to pray about.</description>
		<content:encoded><![CDATA[<p>DOUG CRAMER WROTE: &#8220;But i do think it&#8217;s inappropriate for him to attach the name of his church to his post&#8230;&#8221; </p>
<p>I don&#8217;t have a problem with it. He apparently  registered here as &#8220;Pastor&#8221;. In order to prevent being questioned later, or accused of being called a liar, adding his church&#8217;s name and phone number is not only smart, but it&#8217;s free advertising for his church. People who like his stances here may wish to go. Not a problem in my eyes. If you have a problem with that, maybe it&#8217;s something you need to pray about.</p>
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		<title>By: Doug Cramer</title>
		<link>http://www.brevardoutlook.com/2007/11/10/mitch-needleman-associate-anonymously-smears-clerk-of-the-court-scott-ellis-claims-bwb/#comment-176</link>
		<dc:creator>Doug Cramer</dc:creator>
		<pubDate>Thu, 07 Aug 2008 22:19:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.brevardoutlook.com/2007/11/10/mitch-needleman-associate-anonymously-smears-clerk-of-the-court-scott-ellis-claims-bwb/#comment-176</guid>
		<description>You're right, Lawrence, I wasn't clear in my post. Pastors can speak out on issues and candidates, but only when acting as individuals and not as a representative of a church. You and Linda seemed to imply that they can always do so. I was trying to address those comments and not whether or not the Pastor's comment above crossed the line. In regards to that, I didn't take it that way but I do think it's inappropriate for him to attach the name of his church to his post, as that implies a tacit endorsement from it.</description>
		<content:encoded><![CDATA[<p>You&#8217;re right, Lawrence, I wasn&#8217;t clear in my post. Pastors can speak out on issues and candidates, but only when acting as individuals and not as a representative of a church. You and Linda seemed to imply that they can always do so. I was trying to address those comments and not whether or not the Pastor&#8217;s comment above crossed the line. In regards to that, I didn&#8217;t take it that way but I do think it&#8217;s inappropriate for him to attach the name of his church to his post, as that implies a tacit endorsement from it.</p>
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		<title>By: Linda McKinney</title>
		<link>http://www.brevardoutlook.com/2007/11/10/mitch-needleman-associate-anonymously-smears-clerk-of-the-court-scott-ellis-claims-bwb/#comment-175</link>
		<dc:creator>Linda McKinney</dc:creator>
		<pubDate>Thu, 07 Aug 2008 21:08:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.brevardoutlook.com/2007/11/10/mitch-needleman-associate-anonymously-smears-clerk-of-the-court-scott-ellis-claims-bwb/#comment-175</guid>
		<description>Doug,

Nowhere in my post did I say, "FROM THE PULPIT" nor was that my intended meaning, so your assertions against my post are vapid. What you read into things is your problem; what I write is correct.

Lawrence, Preach it!</description>
		<content:encoded><![CDATA[<p>Doug,</p>
<p>Nowhere in my post did I say, &#8220;FROM THE PULPIT&#8221; nor was that my intended meaning, so your assertions against my post are vapid. What you read into things is your problem; what I write is correct.</p>
<p>Lawrence, Preach it!</p>
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		<title>By: Lawrence Salberg</title>
		<link>http://www.brevardoutlook.com/2007/11/10/mitch-needleman-associate-anonymously-smears-clerk-of-the-court-scott-ellis-claims-bwb/#comment-174</link>
		<dc:creator>Lawrence Salberg</dc:creator>
		<pubDate>Thu, 07 Aug 2008 15:27:43 +0000</pubDate>
		<guid isPermaLink="false">http://www.brevardoutlook.com/2007/11/10/mitch-needleman-associate-anonymously-smears-clerk-of-the-court-scott-ellis-claims-bwb/#comment-174</guid>
		<description>Just in case anyone might be confused, Doug Cramer, of Space Coast Freethought Assocation (above) is referring to a church's IRS 501(c)3 tax-exempt status that allows gifts to a church to be exempt from federal income tax. When electing a 501(c)3 status (like many other IRS non-profit statuses), it allows the donors themselves to deduct their donation from their personal income before federal or state income taxes are assessed. 

When designating a church (or ministry or other non-profit group) as a 501(c)X, they have to be careful not to openly endorse or promote a particular candidate, and more importantly, a particular party. This is especially true when taking simultaneous donations. For instance, saying "Bill Clinton is of the devil. Let's stop him. Donate $500 or more today and we'll raise up an army to defeat him"... well, that just can't happen (although it's been tried).

If they do so, they can jeopardize the church's tax-exempt status, because the IRS could potentially make the argument that the church is using their donations to function more like a PAC (political action committee) which has different rules than a 501(c)3 in terms of what donations they can accept and how they can spend their money. Although most PAC's are also non-profit, they have, however, strict rules on how much they can accept from donors. Of course, candidates get around this all the time, particularly since the introduction of 527 groups.

This has actually happened quite rarely in U.S. History (although if Doug and his ACLU buddies had their way, more than half the churches in your average town would be under attack for this type of thing). Typically, you see it when a church just goes "overboard" and creates an almost indelible impression that the church is functioning almost primarily as a campaign headquarters for a particular candidate or party. Needless to say, with the various concerns of churches, this is very rare.

One simple way for churches to get around this is to simply forgo a 501(c)3 status. Electing to become a non-profit is purely voluntary. Considering that most churches (like most businesses) could easily deduct the majority of their expenses for business purposes, the net difference would be minimal for most small churches. Few churches, however, have elected to operate as a for-profit enterprise. Many feel their donations would reduce because donors (particularly big donors) would give less since their donations would not be personally deductible. However, those churches that do are completely free from scrutiny as to their level of involvement with any political process.

Where Doug is wrong (although he'd like to be right) is by equating that the tax issue of the church with the ability of it's pastors and elders to speak out on public issues. A pastor simply writing a letter to the editor, arguing in the town square (yeah, I know, who has town squares anymore?), or making a comment here or on any website does not in any way bind the church's official position to the individual's support of a particular candidate or cause. 

Pastors, like any person, are free to state their employment, their church affiliation, or even wear their work clothes while in the course of public discourse. 

Many thousands of pastors have been involved with movements like Operation Rescue or even the Christian Coalition. And their enemies (those who would love to silence them) have often tried without success to use their individual actions as fodder for requests to the IRS to remove their home church's tax-exempt status.

For those interested in learning a bit more about what tax-exempt organizations can or can not do in relation to political activities (and you might be surprised how much churches &lt;em&gt;can&lt;/em&gt; do which many are &lt;em&gt;not&lt;/em&gt; doing), the IRS maintains &lt;a href="http://www.irs.gov/charities/charitable/article/0,,id=179773,00.html" rel="nofollow"&gt;a helpful guide here&lt;/a&gt;. Be sure to also read Pub. 557.

However, for a quick rebuttal from the IRS itself regarding Doug's comment (see page 2 of Rev. Rul. 2007-41, 2007-25, I.R.B. 1421): "The political campaign intervention prohibition is not intended to restrict free expression on political matters by leaders of organizations speaking for themselves, as individuals. Nor are leaders prohibited from speaking about important issues of public policy."

Speaking out is perfectly okay. Speaking out against a candidate, under the official business of the church (especially when combined with attempts to collect donations for the purpose of helping to support or defeat a particular candidate) is not okay.</description>
		<content:encoded><![CDATA[<p>Just in case anyone might be confused, Doug Cramer, of Space Coast Freethought Assocation (above) is referring to a church&#8217;s IRS 501(c)3 tax-exempt status that allows gifts to a church to be exempt from federal income tax. When electing a 501(c)3 status (like many other IRS non-profit statuses), it allows the donors themselves to deduct their donation from their personal income before federal or state income taxes are assessed. </p>
<p>When designating a church (or ministry or other non-profit group) as a 501(c)X, they have to be careful not to openly endorse or promote a particular candidate, and more importantly, a particular party. This is especially true when taking simultaneous donations. For instance, saying &#8220;Bill Clinton is of the devil. Let&#8217;s stop him. Donate $500 or more today and we&#8217;ll raise up an army to defeat him&#8221;&#8230; well, that just can&#8217;t happen (although it&#8217;s been tried).</p>
<p>If they do so, they can jeopardize the church&#8217;s tax-exempt status, because the IRS could potentially make the argument that the church is using their donations to function more like a PAC (political action committee) which has different rules than a 501(c)3 in terms of what donations they can accept and how they can spend their money. Although most PAC&#8217;s are also non-profit, they have, however, strict rules on how much they can accept from donors. Of course, candidates get around this all the time, particularly since the introduction of 527 groups.</p>
<p>This has actually happened quite rarely in U.S. History (although if Doug and his ACLU buddies had their way, more than half the churches in your average town would be under attack for this type of thing). Typically, you see it when a church just goes &#8220;overboard&#8221; and creates an almost indelible impression that the church is functioning almost primarily as a campaign headquarters for a particular candidate or party. Needless to say, with the various concerns of churches, this is very rare.</p>
<p>One simple way for churches to get around this is to simply forgo a 501(c)3 status. Electing to become a non-profit is purely voluntary. Considering that most churches (like most businesses) could easily deduct the majority of their expenses for business purposes, the net difference would be minimal for most small churches. Few churches, however, have elected to operate as a for-profit enterprise. Many feel their donations would reduce because donors (particularly big donors) would give less since their donations would not be personally deductible. However, those churches that do are completely free from scrutiny as to their level of involvement with any political process.</p>
<p>Where Doug is wrong (although he&#8217;d like to be right) is by equating that the tax issue of the church with the ability of it&#8217;s pastors and elders to speak out on public issues. A pastor simply writing a letter to the editor, arguing in the town square (yeah, I know, who has town squares anymore?), or making a comment here or on any website does not in any way bind the church&#8217;s official position to the individual&#8217;s support of a particular candidate or cause. </p>
<p>Pastors, like any person, are free to state their employment, their church affiliation, or even wear their work clothes while in the course of public discourse. </p>
<p>Many thousands of pastors have been involved with movements like Operation Rescue or even the Christian Coalition. And their enemies (those who would love to silence them) have often tried without success to use their individual actions as fodder for requests to the IRS to remove their home church&#8217;s tax-exempt status.</p>
<p>For those interested in learning a bit more about what tax-exempt organizations can or can not do in relation to political activities (and you might be surprised how much churches <em>can</em> do which many are <em>not</em> doing), the IRS maintains <a href="http://www.irs.gov/charities/charitable/article/0,,id=179773,00.html" rel="nofollow">a helpful guide here</a>. Be sure to also read Pub. 557.</p>
<p>However, for a quick rebuttal from the IRS itself regarding Doug&#8217;s comment (see page 2 of Rev. Rul. 2007-41, 2007-25, I.R.B. 1421): &#8220;The political campaign intervention prohibition is not intended to restrict free expression on political matters by leaders of organizations speaking for themselves, as individuals. Nor are leaders prohibited from speaking about important issues of public policy.&#8221;</p>
<p>Speaking out is perfectly okay. Speaking out against a candidate, under the official business of the church (especially when combined with attempts to collect donations for the purpose of helping to support or defeat a particular candidate) is not okay.</p>
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		<title>By: Doug Cramer</title>
		<link>http://www.brevardoutlook.com/2007/11/10/mitch-needleman-associate-anonymously-smears-clerk-of-the-court-scott-ellis-claims-bwb/#comment-173</link>
		<dc:creator>Doug Cramer</dc:creator>
		<pubDate>Wed, 06 Aug 2008 14:17:17 +0000</pubDate>
		<guid isPermaLink="false">http://www.brevardoutlook.com/2007/11/10/mitch-needleman-associate-anonymously-smears-clerk-of-the-court-scott-ellis-claims-bwb/#comment-173</guid>
		<description>Sorry, Lawrence and Linda, but you are wrong about pastors being able to endorse candidates. In order to be a non-profit and receive tax-exempt status, you have to agree to not take political positions. The reason is that non-profits are effectively government services because they receive taxpayer funds (in the form of paying less taxes). If a church wants to be able to endorse candidates, it can do so by forgoing non-profit status. It can't have it both ways.</description>
		<content:encoded><![CDATA[<p>Sorry, Lawrence and Linda, but you are wrong about pastors being able to endorse candidates. In order to be a non-profit and receive tax-exempt status, you have to agree to not take political positions. The reason is that non-profits are effectively government services because they receive taxpayer funds (in the form of paying less taxes). If a church wants to be able to endorse candidates, it can do so by forgoing non-profit status. It can&#8217;t have it both ways.</p>
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		<title>By: Linda McKinney</title>
		<link>http://www.brevardoutlook.com/2007/11/10/mitch-needleman-associate-anonymously-smears-clerk-of-the-court-scott-ellis-claims-bwb/#comment-160</link>
		<dc:creator>Linda McKinney</dc:creator>
		<pubDate>Sun, 13 Jul 2008 15:47:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.brevardoutlook.com/2007/11/10/mitch-needleman-associate-anonymously-smears-clerk-of-the-court-scott-ellis-claims-bwb/#comment-160</guid>
		<description>Debbie,

Whether you have a dog in this race or not, you should be defending Pastor Eickhoff's right to speak on this matter. One day you may have a religious affiliation and your right to speak may be called into question by someone. Where will your wish to be denying religious people their right to free speech be then?

Separation of church and state is not in the denial of personal freedoms: it is in the denial of state-sanctioned religions, i.e., The Church of England-type thing: an "official" church of the State of Florida; a "Church of America", that sort of thing. Nowhere in the US Constitution does it deny religions, religious leaders, or parishioners the right to practice their religion in public or keep them from having the right to speak on political issues and candidates. 

Read the Constitution, Debbie, before commenting on it and you may not have a reason for being red in the face.</description>
		<content:encoded><![CDATA[<p>Debbie,</p>
<p>Whether you have a dog in this race or not, you should be defending Pastor Eickhoff&#8217;s right to speak on this matter. One day you may have a religious affiliation and your right to speak may be called into question by someone. Where will your wish to be denying religious people their right to free speech be then?</p>
<p>Separation of church and state is not in the denial of personal freedoms: it is in the denial of state-sanctioned religions, i.e., The Church of England-type thing: an &#8220;official&#8221; church of the State of Florida; a &#8220;Church of America&#8221;, that sort of thing. Nowhere in the US Constitution does it deny religions, religious leaders, or parishioners the right to practice their religion in public or keep them from having the right to speak on political issues and candidates. </p>
<p>Read the Constitution, Debbie, before commenting on it and you may not have a reason for being red in the face.</p>
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		<title>By: Lawrence Salberg</title>
		<link>http://www.brevardoutlook.com/2007/11/10/mitch-needleman-associate-anonymously-smears-clerk-of-the-court-scott-ellis-claims-bwb/#comment-158</link>
		<dc:creator>Lawrence Salberg</dc:creator>
		<pubDate>Fri, 11 Jul 2008 19:28:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.brevardoutlook.com/2007/11/10/mitch-needleman-associate-anonymously-smears-clerk-of-the-court-scott-ellis-claims-bwb/#comment-158</guid>
		<description>Debbie, are you sure you know what you are talking about? A pastor can openly recommend, support, denounce, or campaign for any candidate as loudly and boastfully as you and I. His job in no way precludes him from any part of the entire political process. Are you saying it should? Are you at all implying that, say, a strip dancer, has more right to voice her opinion about a political race than a pastor? Not only is that preposterous, it's hilarious.

Separation of church and state is highly misunderstood idea. But of all things, it doesn't muzzle pastors. And quite frankly, if anyone's going to have an open voice on elections, I'd argue all day that pastors should have the right of first refusal. Thankfully, we all have equal rights to participate.</description>
		<content:encoded><![CDATA[<p>Debbie, are you sure you know what you are talking about? A pastor can openly recommend, support, denounce, or campaign for any candidate as loudly and boastfully as you and I. His job in no way precludes him from any part of the entire political process. Are you saying it should? Are you at all implying that, say, a strip dancer, has more right to voice her opinion about a political race than a pastor? Not only is that preposterous, it&#8217;s hilarious.</p>
<p>Separation of church and state is highly misunderstood idea. But of all things, it doesn&#8217;t muzzle pastors. And quite frankly, if anyone&#8217;s going to have an open voice on elections, I&#8217;d argue all day that pastors should have the right of first refusal. Thankfully, we all have equal rights to participate.</p>
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		<title>By: Debbie</title>
		<link>http://www.brevardoutlook.com/2007/11/10/mitch-needleman-associate-anonymously-smears-clerk-of-the-court-scott-ellis-claims-bwb/#comment-157</link>
		<dc:creator>Debbie</dc:creator>
		<pubDate>Thu, 10 Jul 2008 19:31:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.brevardoutlook.com/2007/11/10/mitch-needleman-associate-anonymously-smears-clerk-of-the-court-scott-ellis-claims-bwb/#comment-157</guid>
		<description>I don't have a dog in this fight but I would remind the pastor that there is separation of church and state for a reason.</description>
		<content:encoded><![CDATA[<p>I don&#8217;t have a dog in this fight but I would remind the pastor that there is separation of church and state for a reason.</p>
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