A unanimous Supreme Court has handed the National Rifle Association, often in court in fights over the Second Amendment, a major First Amendment victory.
The opinion, authored by Sonia Sotomayor and joined by other justices, including two with separate concurrences, found that the NRA “plausibly alleged” that Maria Vullo, formerly of the New York state Department of Financial Services, retaliated illegally against the organization after a high school shooting in Parkland, Florida.
Seventeen died in that terrorism.
A report in the Washington Examiner explained the NRA brought the action in 2018 against Vullo, claiming she caused damage to the NRA’s relationships with banks and insurers.
At issue was whether Vullo used her governmental regulatory power to coerced state-chartered banks to cut ties with the NRA – in violation of the protections provided in the First Amendment.
The Examiner explained, “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.”
The court’s ruling found, “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.”
The decision means the case brought by the NRA against Vullo now will continue.
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