The U.S. Court of Appeals for the Second Circuit previously rejected the NRA’s First Amendment arguments. However, the Supreme Court has now ruled unanimously that the National Rifle Association has plausibly alleged that the state of New York violated the First Amendment by pressuring insurance companies to sever ties with the organization. This case, known as NRA v. Vullo, arose in the aftermath of the Parkland shooting on Feb. 14, 2018.
In the majority opinion, Supreme Court Justice Sonia Sotomayor emphasized that while a government official can freely share her views and criticize specific beliefs, she cannot use the power of the State to suppress disfavored expression. Justices Neil Gorsuch and Ketanji Brown Jackson also filed concurring opinions.
The U.S. Court of Appeals for the Second Circuit had previously dismissed the NRA’s First Amendment arguments, stating that New York Department of Financial Services Superintendent Maria Vullo was entitled to qualified immunity.
During arguments on March 18, David Cole, representing the NRA, contended that New York engaged in coercive activity that infringed on the First Amendment. The U.S. solicitor general’s office also argued that Ms. Vullo’s conduct and former New York Gov. Andrew Cuomo’s communications indicated coercion prohibited under the First Amendment.
On the other hand, Neal Katyal, arguing for Ms. Vullo, asserted that the state targeted the NRA based on illegal insurance products, justifying the directive for companies to discontinue working with them.
Please note that this is breaking news and further updates may follow.
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