Attach to Form 990 or Form 990-EZ.
Go to
www.irs.gov/Form990 for instructions and the latest information.
| (i) Name of supported organization | (ii) EIN | (iii) Type of organization (described on lines 1- 10 above (see instructions)) | (iv) Is the organization listed in your governing document? | (v) Amount of monetary support (see instructions) | (vi) Amount of other support (see instructions) | |
|---|---|---|---|---|---|---|
| Yes | No | |||||
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Total |
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Calendar year
(or fiscal year beginning in)
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(a) 2017 | (b) 2018 | (c) 2019 | (d) 2020 | (e) 2021 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 1 | Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grant.") .. | 11,627,342 | 9,677,941 | 13,565,017 | 15,761,288 | 36,490,336 | 87,121,924 |
| 2 | Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.... | ||||||
| 3 | The value of services or facilities furnished by a governmental unit to the organization without charge.. | ||||||
| 4 | Total. Add lines 1 through 3 | 11,627,342 | 9,677,941 | 13,565,017 | 15,761,288 | 36,490,336 | 87,121,924 |
| 5 | The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included on line 1 that exceeds 2% of the amount shown on line 11, column (f) .. | 2,457,041 | |||||
| 6 | Public support. Subtract line 5 from line 4. | 84,664,883 | |||||
Calendar year
(or fiscal year beginning in)
![]() |
(a) 2017 | (b) 2018 | (c) 2019 | (d) 2020 | (e) 2021 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 7 | Amounts from line 4.. | 11,627,342 | 9,677,941 | 13,565,017 | 15,761,288 | 36,490,336 | 87,121,924 |
| 8 | Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources... | 104,903 | 388,265 | 275,927 | 238,868 | 494,109 | 1,502,072 |
| 9 | Net income from unrelated business activities, whether or not the business is regularly carried on.. | ||||||
| 10 | Other income. Do not include gain or loss from the sale of capital assets (Explain in Part VI.).. | 61,505 | 3,287 | 2,374 | 7,274 | 5,595 | 80,035 |
| 11 | Total support. Add lines 7 through 10 | 88,704,031 | |||||
Calendar year (or fiscal year beginning in) ![]() |
(a) 2017 | (b) 2018 | (c) 2019 | (d) 2020 | (e) 2021 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 1 | Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") . | ||||||
| 2 | Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose | ||||||
| 3 | Gross receipts from activities that are not an unrelated trade or business under section 513 ..... | ||||||
| 4 | Tax revenues levied for the organization's benefit and either paid to or expended on its behalf... | ||||||
| 5 | The value of services or facilities furnished by a governmental unit to the organization without charge | ||||||
| 6 | Total. Add lines 1 through 5 | ||||||
| 7a | Amounts included on lines 1, 2, and 3 received from disqualified persons | ||||||
| b | Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year. | ||||||
| c | Add lines 7a and 7b.. | ||||||
| 8 | Public support. (Subtract line 7c from line 6.) | ||||||
Calendar year (or fiscal year beginning in) ![]() |
(a) 2017 | (b) 2018 | (c) 2019 | (d) 2020 | (e) 2021 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 9 | Amounts from line 6... | ||||||
| 10a | Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources.. | ||||||
| b | Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975. | ||||||
| c | Add lines 10a and 10b. | ||||||
| 11 | Net income from unrelated business activities not included on line 10b, whether or not the business is regularly carried on. | ||||||
| 12 | Other income. Do not include gain or loss from the sale of capital assets (Explain in Part VI.) .. | ||||||
| 13 | Total support. (Add lines 9, 10c, 11, and 12.).. | ||||||
| Section A - Adjusted Net Income | (A) Prior Year |
(B) Current Year (optional) |
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| 1 | Net short-term capital gain | 1 | ||||
| 2 | Recoveries of prior-year distributions | 2 | ||||
| 3 | Other gross income (see instructions) | 3 | ||||
| 4 | Add lines 1 through 3 | 4 | ||||
| 5 | Depreciation and depletion | 5 | ||||
| 6 | Portion of operating expenses paid or incurred for production or collection of gross income or for management, conservation, or maintenance of property held for production of income (see instructions) | 6 | ||||
| 7 | Other expenses (see instructions) | 7 | ||||
| 8 | Adjusted Net Income (subtract lines 5, 6 and 7 from line 4) | 8 | ||||
| Section B - Minimum Asset Amount | (A) Prior Year |
(B) Current Year (optional) |
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| 1 | Aggregate fair market value of all non-exempt-use assets (see instructions for short tax year or assets held for part of year): | 1 | ||||
| a | Average monthly value of securities | 1a | ||||
| b | Average monthly cash balances | 1b | ||||
| c | Fair market value of other non-exempt-use assets | 1c | ||||
| d | Total (add lines 1a, 1b, and 1c) | 1d | ||||
| e |
Discount claimed for blockage or other factors (explain in detail in Part VI): |
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| 2 | Acquisition indebtedness applicable to non-exempt use assets | 2 | ||||
| 3 | Subtract line 2 from line 1d | 3 | ||||
| 4 | Cash deemed held for exempt use. Enter 0.015 of line 3 (for greater amount, see instructions). | 4 | ||||
| 5 | Net value of non-exempt-use assets (subtract line 4 from line 3) | 5 | ||||
| 6 | Multiply line 5 by 0.035 | 6 | ||||
| 7 | Recoveries of prior-year distributions | 7 | ||||
| 8 | Minimum Asset Amount (add line 7 to line 6) | 8 | ||||
| Section C - Distributable Amount | Current Year | |||||
| 1 | Adjusted net income for prior year (from Section A, line 8, Column A) | 1 | ||||
| 2 | Enter 85% of line 1 | 2 | ||||
| 3 | Minimum asset amount for prior year (from Section B, line 8, Column A) | 3 | ||||
| 4 | Enter greater of line 2 or line 3 | 4 | ||||
| 5 | Income tax imposed in prior year | 5 | ||||
| 6 | Distributable Amount. Subtract line 5 from line 4, unless subject to emergency temporary reduction (see instructions) | 6 | ||||
| Section D - Distributions | Current Year | |
|---|---|---|
| 1 Amounts paid to supported organizations to accomplish exempt purposes | 1 | |
|
2
Amounts paid to perform activity that directly furthers exempt purposes of supported organizations, in excess of income from activity |
2 | |
| 3 Administrative expenses paid to accomplish exempt purposes of supported organizations | 3 | |
| 4 Amounts paid to acquire exempt-use assets | 4 | |
| 5 Qualified set-aside amounts (prior IRS approval required - provide details in Part VI) | 5 | |
| 6 Other distributions (describe in Part VI). See instructions | 6 | |
| 7Total annual distributions. Add lines 1 through 6. | 7 | |
|
8
Distributions to attentive supported organizations to which the organization is responsive (provide details in Part VI). See instructions |
8 | |
| 9 Distributable amount for 2021 from Section C, line 6 | 9 | |
| 10 Line 8 amount divided by Line 9 amount | 10 | |
| Section E - Distribution Allocations (see instructions) |
(i) Excess Distributions |
(ii) Underdistributions Pre-2021 |
(iii) Distributable Amount for 2021 |
|
|---|---|---|---|---|
| 1 Distributable amount for 2021 from Section C, line 6 | ||||
|
2
Underdistributions, if any, for years prior to 2021 (reasonable cause required-- explain in Part VI). See instructions. |
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| 3 Excess distributions carryover, if any, to 2021: | ||||
| a From 2016....... | ||||
| b From 2017....... | ||||
| c From 2018....... | ||||
| d From 2019....... | ||||
| e From 2020....... | ||||
| fTotal of lines 3a through e | ||||
| g Applied to underdistributions of prior years | ||||
| h Applied to 2021 distributable amount | ||||
|
i
Carryover from 2016 not applied (see instructions) |
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| j Remainder. Subtract lines 3g, 3h, and 3i from line 3f. | ||||
| 4Distributions for 2021 from Section D, line 7: | ||||
| $ | ||||
| a Applied to underdistributions of prior years | ||||
| b Applied to 2021 distributable amount | ||||
| c Remainder. Subtract lines 4a and 4b from line 4. | ||||
|
5
Remaining underdistributions for years prior to 2021, if any. Subtract lines 3g and 4a from line 2. If the amount is greater than zero, explain in Part VI. See instructions. |
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|
6
Remaining underdistributions for 2021. Subtract lines 3h and 4b from line 1. If the amount is greater than zero, explain in Part VI. See instructions. |
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|
7 Excess distributions carryover to 2022. Add lines 3j and 4c. |
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| 8 Breakdown of line 7: | ||||
| a Excess from 2017..... | ||||
| b Excess from 2018..... | ||||
| c Excess from 2019..... | ||||
| d Excess from 2020..... | ||||
| e Excess from 2021..... | ||||
| Facts And Circumstances Test |
|---|
| Return Reference | Explanation |
|---|---|
| SCHEDULE A, PART II, LINE 10, EXPLANATION OF OTHER INCOME: | OTHER INCOME - 2017 AMOUNT: $ 61,505. 2018 AMOUNT: $ 3,287. 2019 AMOUNT: $ 2,374. 2020 AMOUNT: $ 7,274. 2021 AMOUNT: $ 5,595. |
| Software ID: | |
| Software Version: |
Attach to Form 990 or 990-EZ.
Go to www.irs.gov/Form990 for the latest information.
| Return Reference | Explanation |
|---|---|
| FORM 990, PART III, LINE 2 | DURING FY 2021-22, FIRE EXPANDED OUR WORK BEYOND HIGHER EDUCATION WITH THE GOAL OF DEFENDING FREE SPEECH FOR ALL AMERICANS. TO ACCOMPLISH THIS, WE ARE TAKING A THREE-PRONGED APPROACH. FIRST, WE ARE GROWING OUR RESEARCH INITIATIVES TO BUILD A WORLD-CLASS FREE EXPRESSION THINK TANK, WHICH WILL ARM US WITH THE DATA WE NEED TO ADVOCATE EFFECTIVELY FOR FREE SPEECH. SECOND, OUR LEGAL TEAM WILL EXPAND INTO A PREMIER PUBLIC INTEREST LAW FIRM THAT DEFENDS AND REPRESENTS AMERICANS - BOTH ON AND OFF CAMPUS - WHOSE EXPRESSIVE RIGHTS HAVE BEEN VIOLATED, TAKING ON CASES WITH MAJOR POLICY IMPLICATIONS AND CLEAR CULTURAL IMPACT. OUR FIRST OFF-CAMPUS LEGAL EFFORTS INCLUDE DEFENDING A SMALL NONPROFIT AGAINST A BOGUS DEFAMATION SUIT, AND DEFENDING A CITIZEN BLOCKED BY THE NEW YORK STATE SENATE ON TWITTER FOR CRITICIZING THE STATE'S NEW GUN CONTROL LEGISLATION. FINALLY, WE ARE ROLLING OUT MASSIVE PUBLIC AWARENESS INITIATIVES TO EDUCATE EVERYDAY AMERICANS ON THE VALUE OF FREEDOM OF EXPRESSION, MOBILIZING A NEW MOVEMENT THAT WILL UNAPOLOGETICALLY STAND UP FOR FREE SPEECH. WE ALREADY LAUNCHED SEVERAL OF THESE CAMPAIGNS, WHICH FEATURE PRIME-TIME ADS ON CABLE NEWS AND BILLBOARDS IN MAJOR CITIES ACROSS THE COUNTRY. |
| FORM 990, PART III, LINE 4B | 9. VICTIM RIGHTS LAW CENTER, ET AL. V. CARDONA, ET AL., CASE NO. 21-1782 (1ST CIR.): THIS IS THE SECOND PENDING LAWSUIT CHALLENGING THE DEPARTMENT OF EDUCATION'S 2020 TITLE IX REGULATIONS. FIRE, REPRESENTED BY OUTSIDE COUNSEL AND JOINED BY INDEPENDENT WOMEN'S LAW CENTER AND SPEECH FIRST, MOVED TO INTERVENE AS DEFENDANTS TO DEFEND THE REGULATIONS AS CONSTITUTIONALLY NECESSARY. AFTER THE DISTRICT COURT DENIED INTERVENTION IN A SUMMARY ORDER, FIRE APPEALED TO THE U.S. COURT OF APPEALS FOR THE FIRST CIRCUIT, WHICH AFFIRMED ON FEBRUARY 18, 2021. IN LIGHT OF THE CONFLICTING RULINGS BY FEDERAL DISTRICT COURTS BASED ON DIFFERENT LEGAL STANDARDS APPLIED BY THE COURTS OF APPEAL GOVERNING THE ABILITY TO INTERVENE, FIRE SOUGHT REVIEW BY THE U.S. SUPREME COURT ON JULY 19, 2021. ON JANUARY 10, 2022, THE SUPREME COURT DENIED REVIEW. ON JULY 28, 2021, THE DISTRICT COURT LARGELY UPHELD THE 2020 REGULATIONS, INVALIDATING ONLY ONE PROVISION WHICH PROHIBITED TESTIMONY NOT SUBJECT TO CROSS-EXAMINATION. THIS RULING IS ON APPEAL IN THE U.S. COURT OF APPEALS FOR THE FIRST CIRCUIT, WHICH STAYED THE CASE ON MARCH 17, 2022, UNTIL THE DEPARTMENT OF EDUCATION COMPLETES ITS RULEMAKING. DEFENDANTS-APPELLEES WERE DIRECTED TO SUBMIT STATUS REPORTS AT 90-DAY INTERVALS. THIS LITIGATION FURTHERS FIRE'S MISSION TO DEFEND FREE SPEECH AND DUE PROCESS PROTECTIONS, LONG DENIED TO STUDENTS IN DISCIPLINARY PROCEDURES RELATED TO ALLEGATIONS OF CAMPUS SEXUAL MISCONDUCT. 10. THE WOMEN'S STUDENT UNION V. U.S. DEPARTMENT OF EDUCATION, NO. 22-16016 (9TH CIR.): IN THIS LAWSUIT CHALLENGING THE DEPARTMENT OF EDUCATION'S 2020 TITLE IX REGULATIONS, FIRE, REPRESENTED BY OUTSIDE COUNSEL AND JOINED BY INDEPENDENT WOMEN'S LAW CENTER AND SPEECH FIRST, MOVED TO INTERVENE TO DEFEND THE REGULATIONS AS CONSTITUTIONALLY NECESSARY. ON FEBRUARY 16, 2022, THE DISTRICT COURT DISMISSED THE PLAINTIFFS' FIRST AMENDED COMPLAINT FOR LACK OF STANDING AND PLAINTIFF APPEALED TO THE U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT, WHICH STAYED THE CASE PENDING RESOLUTION OF THE DEPARTMENT OF EDUCATION'S RULEMAKING PROCESS. BEGINNING OCTOBER 30, 2022, THE PARTIES WILL BE SUBMITTING QUARTERLY JOINT STATUS REPORTS UNTIL THE RULEMAKING PROCESS IS COMPLETE. THIS LITIGATION FURTHERS FIRE'S MISSION TO DEFEND FREE SPEECH AND DUE PROCESS PROTECTIONS, LONG DENIED TO STUDENTS IN DISCIPLINARY PROCEDURES RELATED TO ALLEGATIONS OF CAMPUS SEXUAL MISCONDUCT. DURING THIS PERIOD, FIRE ALSO REPRESENTED A FACULTY MEMBER IN A STATE ADMINISTRATIVE PROCEEDING. - MOSHER V. MARSHALL UNIVERSITY (W.V. PUBLIC EMPLOYEE GRIEVANCE BOARD): FIRE REPRESENTED JENNIFER MOSHER DURING HER PUBLIC-EMPLOYEE GRIEVANCE HEARING AFTER SHE WAS TERMINATED FOR HER IN-CLASS STATEMENTS ABOUT MASKS, COVID-19, AND THE TRUMP ADMINISTRATION THAT "MAY HAVE" OFFENDED STUDENTS. THE UNIVERSITY CLAIMED THAT THIS POTENTIAL FOR OFFENSE IMPAIRED DR. MOSHER'S "FULFILLMENT OF INSTITUTIONAL RESPONSIBILITIES." ON DECEMBER 9, 2021, MOSHER WON HER GRIEVANCE HEARING AND THE ADMINISTRATIVE LAW JUDGE ORDERED MARSHALL TO REINSTATE HER, WITH BENEFITS, AND AWARDED BACK PAY WITH INTEREST. THIS CASE FURTHERED FIRE'S MISSION TO DEFEND THE RIGHT OF PROFESSORS TO MAKE PEDAGOGICALLY RELEVANT REMARKS, EVEN THOSE THAT MAY BE OFFENSIVE TO SOME, WITHOUT THE THREAT OF SUSPENSION OR TERMINATION. FROM JULY 1, 2021 TO JUNE 30, 2022, FIRE FILED AMICUS CURIAE BRIEFS IN THE FOLLOWING FOURTEEN CASES: - FELKNER V. R.I. COLL., C.A. NO. SU-2021-0267-A (R.I.) - TAWWATER V. ROWAN COLL. AT GLOUCESTER CNTY., DKT. NO. A-000895-20-T1 (N.J. SUPER. CT. APP. DIV.) - KENNEDY V. BREMERTON SCH., CASE NO. 21-418 (U.S.) - SHEHATA V. BLACKWELL, CASE NO. 21-6172 (6TH CIR.) - EGBERT V. BOULE, CASE NO. 21-147 (U.S.) - SPEECH FIRST, INC. V. TIMOTHY SANDS, CASE NO. 21-2061 (4TH CIR.) - DOE V. HOPKINTON PUB. SCHS., CASE NO. 20-1950 (1ST CIR.) - FREEDOM FROM RELIGION FOUND. V. MACK, CASE NO. 21-20279 (5TH CIR.) - STINNIE V. HOLCOMB, CASE NO. 21-1756 (4TH CIR.) - GRAY V. ME. DEP'T OF PUB. SAFETY, CASE NO. 21-375 (U.S.) C1.G. V. SIEGFRIED, CASE NO. 20-1320 (10TH CIR.) - SPEECH FIRST, INC. V. CARTWRIGHT, CASE NO. 21-12583 (11TH CIR.) - NOVAK V. CITY OF PARMA, CASE NO. 21-3290 (6TH CIR.) - HOUSTON CMTY. COLL. SYS. V. WILSON, CASE NO. 20-804 (U.S.) LAUNCHED IN 2021, FIRE'S FACULTY LEGAL DEFENSE FUND (FLDF) VINDICATES THE EXPRESSIVE AND ACADEMIC FREEDOM RIGHTS OF FACULTY AT PUBLIC COLLEGES AND UNIVERSITIES. FLDF IS DESIGNED TO PROVIDE "FIRST RESPONDER" LEGAL HELP AT NO COST TO FACULTY MEMBERS WHOSE NEED IS WITHIN THE PROGRAM'S MANDATE. WHETHER FACULTY FACE PUNISHMENT FROM THEIR PUBLIC INSTITUTIONS FOR THEIR INSTRUCTION, SCHOLARSHIP, OR SPEECH ON ISSUES OF PUBLIC CONCERN AS PRIVATE CITIZENS, FIRE'S FLDF STAFF QUICKLY REVIEW CONCERNS AND, WHERE NECESSARY AND APPROPRIATE, CONNECT FACULTY WITH EXPERIENCED ATTORNEYS NEARBY FOR ASSISTANCE. WHERE THESE REFERRALS ARE MADE, FLDF PAYS THE LAWYERS' FEES FOR INITIAL LEGAL WORK LIKE ADVISING ON POSSIBLE COURSES OF ACTION OR HELPING RESOLVE DISPUTES WITH THE INSTITUTION OR ADMINISTRATORS. SINCE ITS INCEPTION IN 2021, THE FLDF HAS REFERRED OVER 40 CASES TO FLDF ATTORNEYS AND SECURED 16 VICTORIES. |
| FORM 990, PART VI, SECTION A, LINE 4 | IN MAY OF 2022 THE ORGANIZATION FILED AN ARTICLES OF AMENDMENT WITH THE COMMONWEALTH OF MASSACHUSETTS TO CHANGE THEIR NAME FROM FOUNDATION FOR INDIVIDUAL RIGHTS IN EDUCATION, INC. TO FOUNDATION FOR INDIVIDUAL RIGHTS AND EXPRESSION, INC. |
| FORM 990, PART VI, SECTION B, LINE 11B | THE FORM 990 IS PREPARED BY AN INDEPENDENT ACCOUNTING FIRM. THEN MANAGEMENT, INCLUDING THE EXECUTIVE DIRECTOR, CHIEF OPERATING OFFICER, AND PRESIDENT AND CEO ALL REVIEW THE FORM 990 IN DETAIL. IN ADDITION, A COMPLETE COPY OF THE FORM 990 AS IT WILL BE FILED IS PROVIDED TO ALL BOARD MEMBERS PRIOR TO ITS FILING WITH THE INTERNAL REVENUE SERVICE. |
| FORM 990, PART VI, SECTION B, LINE 12C | THE BOARD OF DIRECTORS WILL UNDERTAKE A REVIEW OF THE MATTER BY MAKING ALL NECESSARY INQUIRIES DEEMED WARRANTED BY THE CIRCUMSTANCES. AN APPROPRIATE ORGANIZATIONAL RESPONSE SHALL BE DETERMINED BY DISINTERESTED MEMBERS OF THE BOARD OF DIRECTORS. THE ORGANIZATION REVIEWS BUSINESS RELATIONSHIPS WITH ALL VENDORS ANNUALLY. CONFLICTS INVOLVING EMPLOYEES ARE RESOLVED BY THE PRESIDENT. CONFLICTS INVOLVING THE PRESIDENT OR BOARD OF DIRECTORS ARE RESOLVED BY THE BOARD OF DIRECTORS. PROCEEDINGS ARE DOCUMENTED IN A MEMO OR MINUTES AS DEEMED APPROPRIATE BY THE CIRCUMSTANCES. THERE IS A RECURRING AGENDA ITEM AT EACH BOARD MEETING TO ASK FOR ANY POTENTIAL CONFLICTS. |
| FORM 990, PART VI, SECTION B, LINE 15A | THE COMPENSATION COMMITTEE OF THE BOARD OF DIRECTORS CONDUCTS A COMPENSATION STUDY AND USES OTHER COMPARATIVE DATA TO DETERMINE APPROPRIATE COMPENSATION OF THE PRESIDENT/CEO. THE COMPENSATION COMMITTEE REPORTS FINDINGS TO THE BOARD OF DIRECTORS. THE BOARD OF DIRECTORS APPROVES THE COMPENSATION PACKAGE. THE DELIBERATION AND FINAL DECISION ARE DOCUMENTED TIMELY AS PART OF THE COMMITTEE AND BOARD MINUTES. |
| FORM 990, PART VI, SECTION C, LINE 19 | THE CONFLICT OF INTEREST POLICY IS MADE AVAILABLE TO THE PUBLIC UPON REQUEST. THE FINANCIAL STATEMENTS ARE AVAILABLE ON THE WEBSITE. THE GOVERNING DOCUMENTS ARE NOT MADE AVAILABLE FOR PUBLIC INSPECTION. |
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