The Supreme Court unanimously and admirably reaffirmed that government officials cannot use their powers to suppress political speech.
Because power-hungry functionaries keep refusing to abide by that bright-line rule, the Supreme Court periodically steps in to remind us. That’s whatthat Maria Vullo, former superintendent of the New York Department of Financial Services, improperly pressured insurance companies and banks to deny the NRA access to their services.
Then, in a guidance letter to all entities regulated by her department, Vullo specifically discouraged them from doing business with the NRA and to consider “reputational risks” involved in doing so. In a joint press release with then-Gov. Andrew Cuomo, Vullo went even further, “urging all insurance companies and banks doing business in New York” to “discontinue their arrangement with the NRA.
Vullo’s actions were obviously coercive. If all the facts as presented in this case are found to be accurate when the case goes back to lower courts, then Vullo “used the power of her office to target gun promotion by going after the NRA’s business partners.” As Sotomayor noted, Vullo in her private capacity is free to use her First Amendment rights to speak against the NRA’s agenda. But the Constitution insists that Vullo “not wield her power” to “punish or suppress” the NRA’s First Amendment rights.
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