in a unanimous ruling delivered just yesterday the US Supreme Court ruled in favor of the NRA and on so doing they delivered a major victory to the largest gun rights group in America and actually though the implications of this ruling they go far beyond the Second Amendment and instead they protect all Americans First Amendment rights from being curtailed by government bureaucrats however in order to understand why that is let’s go through the details of this case together right after you take a super quick moment to smash those like And subscribe buttons so that this content can reach more people via the YouTube algorithm now shortly after the Parkland High School shooting took place back in the year 2018 Democrat politicians across the country began using it as an impetus to place greater restrictions on gun rights as well as to weaken organizations that represented the Second Amendment and along that line you had this woman right here miss Maria Volo she was at that time the superintendent of the New York Department of Financial Services otherwise known as the DFS and the New York DFS is a rather powerful organization given the fact that quote any company that provides a financial or Credit Service in New York from Wall Street Banks to investment advisors and even guarantors of contracted work comes under the regulatory watch of the New York State Department of Financial Services or the DFS essentially Miss Volo worked underneath Governor Andrew Cuomo as his chief financial regulator and so in the year 2018 as the superintendent of this regulatory body Miss Volo began to pressure companies into no longer doing business with the NRA quote Maria leveraged her regulatory power over Banks and insurance companies to coers them into denying basic Financial Services to the NRA and inv volo’s own words other gun promotion groups openly claiming that she sought to penalize the NRA because she disapproved of its political advocacy the NRA alleged that Volo made good on those threats by issuing formal guidance to every bank and every insurance company in New York urging them to sever ties with the NRA promising lenience to certain insurers if they would stop doing business with the NRA and imposing consent order that require the group’s three principal Affinity insurance providers never to provide such Insurance to the NRA again likewise on top of that you had both Miss Volo as well as Andrew Cuomo who was at the time the governor of New York issuing join press releases which essentially echoed in public many of the points that the letters to the banks were saying in private quote Volo and Governor Cuomo also issued a joint press release echoing many of the letter statements and urging all insurance companies and Banks doing business in New York to join those that have already discontinu their arrangements with the NRA essentially using both carrots as well as sticks threats as well as leniency Miss Volo was attempting to use her position at top the agency to essentially Blacklist the NRA as an organization because she disagreed with her advocacy work and it worked given the fact that Banks and insurance companies began to cut ties with the NRA this tactic is often referred to as jawboning which is quote informal pressure by the government on an intermediary to take certain actions that will suppress speech now because of this pressure the NRA filed a lawsuit against Miss Volo as well as Andrew Koo claiming that she was using her government position to stifle their first amendment rights the central claim of their lawsuit was that Miss V quote privately threatened insurers with enforcement action if they maintain their relationship with the advocacy group and created a system of informal censorship that was designed to suppress its speech in violation of the First Amendment now pretty much as soon as the lawsuit was filed Miss Volo attempted to have the entire case dismissed making the argument among other things that she would was shielded from the lawsuit under the doctrine of qualified immunity now at the level of the district court that argument was dismissed instead the NRA W in this point when the district court they found that quote the NRA sufficiently alleged that volo’s actions could be interpreted As A Veiled Threat to regulated Banks and insurers to stop working with the NRA or risk enforcement action from the Department of Financial Services however that decision was appealed to the appellant level who actually reversed the decision and ruled in favor of Miss Volo determining that quote volo’s guidance letters as well as a press release couldn’t reasonably be construed as being unconstitutionally threatening or coercive since they were written in an even-handed non-threatening tone and used words intended to persuade not intimidate essentially the second Circuit Court of Appeals found that Miss Volo did not cross that line into coercion however the NRA appealed that decision again to the US Supreme Court and interestingly in so doing they gained an unexpected Ally the ACLU indeed in a strange Twist of fade the ACLU fired filed an opening brief on behalf of the NRA arguing that the state of New York did indeed violate the First Amendment rights with their actions their rationale for joining the case was as follows quote this is a critically important first amendments fight if government officials can pressure the businesses they regulate to Blacklist the NRA New York then officials in other states can punish other advocacy organizations in the same way including the ACLU itself and so after hearing the arguments from both sides just yesterday the US Supreme Court issued a unanimous 9 to0 ruling in favor of the NRA writing for the majority of the Court here is what Justice Sonia Sodom wrote quote 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 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 this favored expression then you had justice Sodom referenced an earlier Supreme Court decision from the year 1963 wherein in that case the state of Rhode Island was found to have been engaging in censorship when they were sending notices to a company called Banton books which was a distributor of blacklisted Publications and referencing that earlier case from 1963 here is what Justice Sodom wrote quote ultimately the case of Banton books stands for the principle that a government official cannot do indirectly what she is barred from doing directly a government official cannot coer a private party to punish or suppress disfavored speech on her behalf she then concluded by writing that Miss phow was free to criticize the NRA as well as to pursue any actual violations of New York State insurance law but quote she could not wield her power however to threaten enforcement actions against DFS regulated entities in order to punish or suppress the NRA’s gun promotion advocacy because the complaint plausibly alleges that Volo did just that the court holds that the NRA stated a First Amendment violation and as such the Court ruled in favor of the NRA finding that there is a possible First Amendment violation here and that the lawsuit can proceed because again remember that this whole legal action is a result of Miss Volo as well as Andrew Cuomo trying to dismiss the lawsuit however the US Supreme Court they ruled that there is a real first amendment claim here and that the lawsuit cannot be dismissed and as such the case now goes back down to the lower court where it can actually proceed and the implications here are huge this ruling it reinforces the first amendment and it strengthens the protections of all us citizens from having the government coer them in a roundabout way by influencing private institutions and interestingly it’s worth mentioning that this case with the NRA was heard in the Supreme Court on the very same day that another case called Murthy versus Missouri was also heard quote NRA versus Volo was heard on the same day as the Biden Administration was defending its Communications which were pressuring social media Giants in their moderation of content related to covid-19 in the 2020 election the decision in that case Murthy versus Missouri has yet to be released all right just to pause here for a super quick moment I’d like to introduce today’s sponsor which is native paths collagen peptides if you’re looking for a way to increase your bone strength as well as to soothe joint pain well this right here might be a great option for you Dr Chad Walding out of Texas he created this formulation and he actually wrote a fairly large article explaining why in his opinion everyone over the age of 50 should be drinking this essentially his main thesis 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mention that none of these statements have been evaluated by the FDA this product is not intended to diagnose treat cure prevent any disease and of course individual results May Vary and so this win on the part of the NRA might just be a precursor for the merthy case which is questioning whether having the US government pressure social media companies to censor American free speech is also a violation of the First Amendment and while of course the details of the two cases differ the NRA case and the social media case well the principle is the same can the government pressure private companies to do something that the government itself cannot we’ll just have to wait and see how that case is ruled on until then though as you would imagine the NRA was quite pleased with the ruling in their case with their lawyer releasing um statement following the ruling saying the following quote this is a landmark victory for the NRA and all who care about our First Amendment freedom the opinion confirms what the NRA has known all along New York government officials abuse the power of their office to silence a political enemy this is a victory for the NRA’s millions of members and the freedoms that Define America likewise you had the ACLU release a statement of their own saying the following quote today’s decision confirms that government officials have no business using their regulatory authority to Blacklist disfavored political groups the New York State officials involved here former Governor Andrew CUO and his chief financial regulator Maria Volo were clear that they sought to punish the NRA because they disagreed with its gun rights advocacy the Supreme Court has now made it crystal clear that this action is unconstitutional and so there you have it if you’d like to read the full decision from the US Supreme Court I’ll throw the link to that PDF version of that full ruling you can find it down in the description box below which is again that description box right below those like And subscribe buttons which if you haven’t already I hope you take a super quick moment to smash and then lastly if you enjoy today’s content and you’re just thinking to yourself Matt I love this content I just wish Romo publish more episodes every single week well youn luck because I do over on Epic TV our awesome no censorship video platform I publish anywhere between 1 to three exclusive episodes of facts matter every single week usually on topics that are too spicy for here on YouTube and so if you like some extra episodes of facts matter every week including a huge backlog from the last 3 years the link is right there at the top of the description box below hope you clicking it hope that you subscribe to The Epic Times and join us over on our no censorship video platform and then until next time I’m your host Roman from The Epic Times stay informed most importantly Stay [Music] Free for
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