Webinar: Race-Based Grantmaking and Charitable Activities:

Protected First Amendment Speech or Prohibited Racial Exclusion?

On Wednesday, April 10, Fair Chance and national law firm BakerHostetler co-hosted the webinar, Race-Based Grantmaking and Charitable Activities: Protected First Amendment Speech or Prohibited Racial Exclusion? Fair Chance centers racial equity in our work and many of the nonprofits in our network provide programming to address racial barriers and historic injustices, making this conversation very timely. Over 300 attendees from the legal, philanthropic, and nonprofit sectors across the country joined us for an overview on what recent developments in the legal landscape mean for nonprofits and foundations engaged in race-conscious programming.

In this webinar, we discussed how “charity” is defined by the laws that concern nonprofit and philanthropic activity and how race has historically intersected with this definition. We also reviewed the recent Supreme Court decision on Affirmative Action, on which the Fearless Fund litigation rests; and explored what the Fearless Fund case could mean for nonprofits and foundations, their practices, and their missions. We also provided practical guidance for nonprofits and foundations to take back to their organizations and leadership. The webinar ended on an encouraging note that this legal challenge could help nonprofits and foundations maximize their legal rights and lean more deeply into their commitments to racial equity and justice.

Please click the video below to watch the full recording and view the slides from the webinar here.

Thank you to BakerHostetler for your partnership in providing this important information to our sector. This is just the beginning of this conversation – we are excited to revisit this topic in May in an article that provides an in-depth summary of the webinar. Fair Chance and BakerHostetler will continue to follow this case and provide updates and further guidance.