U.S. Supreme Court Rules in Favor of NRA in New York Challenge

The NRA has scored a major legal victory, winning a unanimous decision by the U.S. Supreme Court, which ruled that New York State officials acted improperly in trying to influence multiple financial entities and insurance companies to halt their relationships with the NRA.

The Shooting Wire reports: “Yesterday, the U.S. Supreme Court unanimously ruled that the National Rifle Association’s free speech rights were violated when the top financial regulator for New York State pushed banks and insurance companies to sever ties with [the NRA]. The opinion wasn’t just unanimous, it was written by Justice Sonia Sotomayor, not one of the ‘usual’ 2A supporters. But her opinion wasn’t about the mission of the NRA, it was about the organization’s ‘plausible allegation’ that the New York regulators violated the First Amendment.”

Justice Sotomayor wrote, “The critical takeaway, is that the First Amendment prohibits government officials from wielding their power selectively to punish or suppress speech, directly or (as alleged here) through private intermediaries.” Sotomayer continued: “Government officials cannot attempt to coerce private parties in order to punish or suppress views that the government disfavors.”

The majority opinion did suggest that NY insurance regulatory officials were allowed to pursue violations of New York’s state insurance laws. However, the the First Amendment violation occurred when New York’s Insurance Commissioner acted “to threaten enforcement actions against DFS-regulated entities in order to punish or suppress the NRA’s gun-promotion advocacy. Because the complaint plausibly alleges that Vuollo (the commissioner) did just that, the court holds that the NRA stated a First Amendment violation.”