In a massive slap against the Democrats, the Supreme Court of the United States unanimously ruled that the New York State Department of Financial Services violated the National Rifle Association’s First Amendment rights, finding that no government officials should “use the power of the State to punish or suppress disfavored expression.”
SC Justice Sotomayor affirmed that the New York State Department of Financial Services (DFS) stifled the NRA’s free speech rights under politically motivated orders.
“A government official can share her views freely and criticize particular beliefs, and she can do so forcefully in the hopes of persuading others to follow her lead,” Supreme Court Justice Sotomayor wrote in the majority opinion.
“In doing so, she can rely on the merits and force of her ideas, the strength of her convictions, and her ability to inspire others. What she cannot do, however, is use the power of the State to punish or suppress disfavored expression.”
The NRA’s charges were filed against then-DFS Superintendent Maria T. Vullo after the latter sent “guidance letters” to financial institutions in 2018 urging them to break ties with the NRA or known members of the organization.
Vullo, according to the gun advocacy group, acted under the orders of former Governor Andrew Cuomo.
According to Justice Sotomayor, “The judgment of the U.S. Court of Appeals for the Second Circuit is vacated, and the case remanded for further proceedings consistent with this opinion.”
The SCOTUS’ decision effectively subverts the Second Circuit’s dismissal of the NRA’s charges, allowing the organization to pursue its legal battle against the New York government office that threatened insurers and bankers to sever their ties with the
NRA.
“The NRA’s allegations, if true, highlight the constitutional concerns with the kind of intermediary strategy that Vullo purportedly adopted to target the NRA’s advocacy. Such a strategy allows government officials to “expand their regulatory jurisdiction to suppress the speech of organizations that they have no direct control over… Vullo allegedly used the power of her office to target gun promotion by going after the NRA’s business partners. Insurers, in turn, followed Vullo’s lead, fearing regulatory hostility,” Sotomayor further said.
“Ultimately, 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.”
READ THE MAJORITY’S OPINION HERE:
