Sotomayor hands NRA victory in Supreme Court free speech case

a win Thursday in the gun rights group’s effort to revive a 2018 First Amendment lawsuit accusing a New York official of causing damage to the NRA’s relationships with banks and insurers.Supreme Court Justice Sonia Sotomayor speaks during a private service for retired Supreme Court Justice Sandra Day O’Connor in the Great Hall of the Supreme Court in Washington, Monday, Dec. 18, 2023.

The question before the justices was whether Vullo used her regulatory power to force state financial institutions to cut off ties with the NRA in violation of constitutional First Amendment protections. Vullo, who worked in former Democratic Gov. Andrew Cuomo’s administration, said her regulations targeted an insurance product that is illegal in New York, which is dubbed by critics as “murder insurance.” In essence, such insurances are third-party policies sold via the NRA that cover personal injury and criminal defense costs after the use of a firearm.

“Here, the NRA plausibly alleged that Vullo violated the First Amendment by coercing DFS-regulated entities into disassociating with the NRA in order to punish or suppress gun-promotion advocacy,” Sotomayor, an appointee of former President Barack Obama, wrote in her decision. Although the gun rights group is typically involved in litigation surrounding the Second Amendment, the case marked an unusual departure to a First Amendment claim that even had backing from the American Civil Liberties Union, which has historically targeted the gun rights group in other cases before the high court.

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