Below is my column in USA Today on the alliance of civil libertarians and gun rights groups to oppose New York’s attack on free speech rights in the name of gun control.
Here is the column:
Each year at the U.S. Supreme Court, an array of marquee cases tends to draw all of the attention. However, there are also sleepers among the pending cases that have significant importance. One such case involves a rare alliance between the American Civil Liberties Union and the National Rifle Association.
NRA v. Vullo deals with the growing effort by government agencies to target the advertisers of conservative and dissenting websites to kill the funding for opposing views. While the case deals with this effort on the state level, it could produce a ruling on indirect efforts by government, including the Biden administration, to censor viewpoints.
In the case before the court, New York’s Department of Financial Services is accused of using increased regulatory scrutiny and possible penalties to coerce financial institutions into ending their support for certain black-listed groups. The NRA documented how former DFS Superintendent Maria Vullo appears to have pressured financial institutions to drop any association with the organization.
Specifically, the NRA contends that Vullo’s office pressured insurance companies not to cover the NRA or risk retaliation from the state. As the ACLU noted in its amicus brief opposing the defendants’ motion to dismiss the case, the NRA might not be able to prove these allegations, but it should be given the opportunity to do so.
It’s chilling that the U.S. Court of Appeals for the Second Circuit refused to allow the NRA to prove its case. It rejected any First Amendment claim, despite evidence that New York tried to silence opposing political views.
The Second Circuit declared that even if Vullo had “engaged in unconstitutionally threatening or coercive conduct,” she would be protected by qualified immunity. The decision is a virtual green light for a type of soft censorship that uses surrogates and regulatory pressure.
Biden administration tries to censor free speech
Under the Biden administration, there has been a consistent attack on free speech through the censorship and blacklisting of opposing groups. Even facts are now deemed dangerous “malinformation,” if used in a way that the administration deems misleading or harmful.
For example, according to an investigation by the Washington Examiner, the federal government helped to fund the Global Disinformation Index (GDI), which discourages advertisers from supporting sites accused of promoting disinformation.
All 10 of the sites that GDI claimed were the riskiest are popular with conservatives, libertarians and independents. GDI warned advertisers that they were accepting “reputational and brand risk” by “financially supporting disinformation online.”
The “risky” sites included Reason, a libertarian-oriented source of news and commentary about the government. Conversely, HuffPost, a far left media outlet, was included among the 10 sites at lowest risk of spreading disinformation. (GDI included USA TODAY in this group.)
A triumvirate of government, corporate and academic institutions are involved in efforts to control free speech by throttling the funding for its exercise. If you want to be heard in a large context, you either stay within the lines set by these groups or face pariah status.
Florida ban violates free speech:DeSantis tramples on free speech rights of Florida students who support Palestinians
Efforts to control the funding of free speech are consistent with a larger campaign by this triumvirate. The Biden administration has relied heavily on what I have described as “censorship by surrogate” in using social media companies to silence opposing viewpoints. As I testified in Congress, the use of corporate agents still violates the First Amendment.
Indeed, a federal judge found that the Biden administration had operated a censorship system that was truly “Orwellian.”
NRA v. Vullo is critical free speech case
That is why NRA v. Vullo could prove to be one of the most important free speech cases of the decade. New York (and the Second Circuit) would allow the government to deny free speech by cutting off its financial oxygen.
As shown by the alliance of the ACLU and the NRA in this instance, this is a fight that most citizens should be able to embrace, regardless of our differences. For every Vullo on the Democratic side, there could be a dozen Vullos on the conservative side who use the same type of coercion against pro-abortion or environmental groups.
The Supreme Court could prevent this race to the bottom by imposing a bright-line rule against content-based discrimination by government agencies. The soft censorship in NRA v. Vullo will have hard consequences for free speech if New York prevails.
Jonathan Turley is the Shapiro professor of Public Interest Law at George Washington University. Follow him on X @JonathanTurley. He teaches a course on the Supreme Court and the Constitution.
See below for a steaming turd from the turdrunner. Vvvvvv
“Mommy, please make Tom/Estovir stop skvll fvcking me!!!”
—-Anonymous, aka turdrunner, formerly known as brandrunner, before he was castrated.
Jonathan: Speaking of “free speech” DJT is engaging in it every day on his Truth Social. His variety is fact free and full of disinformation. Here are some examples:
Take his post on Monday. DJT falsely complained that Liz Cheney and the Jan. 6 Committee illegally destroyed most of the evidence: “THIS ACT OF EXTREME SABOTAGE MAKES IT IMPOSSIBLE FOR MY LAWYERS TO PROPERLY PREPARE…A PROPER DEFENSE OF THEIR CLIENT. ME”. Fact check: The Jan 6 Committee did not destroy evidence. All the relevant evidence was in the Final Report. Jack Smith turned over all the evidence to DJT’s lawyers after the indictment as part of discovery.
Then in a posting just before Christmas DJT claimed: “The highly partisan Unselect Committee Report purposely fails to mention the failure of Pelosi to heed by recommendation for troops [10,000] to be used in DC”. Fact check: The Jan 6 Committee Report and subsequent investigations have debunked this claim. There is no evidence that DJT formally requested 10,000 troops to the Capitol. Besides, DJT had only the authority to call up 2,000 National Guard. Over that number would have required him to call the governors of adjacent states. He never did any of that.
Note: This is a public service announcement.
Stupid word games. Trump suggested calling more NG. Pelosi refused the offer.
Fact check that Pelosi was the person in charge of security on Jan 6, 2021. Pelosi ignored all suggestion to fortify the Capitol. Pelosi needed an excuse to shut down the EC vote counting.Because States certification were going to be challenged. A crisis had to be created. Hundreds of Got agents in the crowed made sure it happened.
You have no idea what has been saved and what destroyed.
@iowan2
Its interesting. There’s a video of the Shaman outside of the Capitol asking for permission to enter. He also told everyone to be polite and not damage anything. There’s definitely a lot more video that is still being reviewed before being made public.
This leads one to ask about the Brady rule.
These videos represent exculpatory evidence.
The prosecutors claimed that they didn’t have any such video in their possession therefore they didn’t violate the Brady rule.
Yet the House J6 Committee and the Capitol police did. So the evidence was in the government’s possession and did exist.
Now the Shaman has since been released.
There are others arrested and awaiting trial with no bail.
Could someone still raise this after the fact to get their guilty verdict reversed?
Could this lead to prosecutorial misconduct?
Along w a Judicial ethics violation on the judge?
-G
Dennis McIntyre, employed by The Big Guy, Bribery Biden, to serve as his version of Baghdad Bob here, popped up desperately attempting his latest ‘BUBUBBBUUUUTTTT…. Muh Trump’: Jonathan: Speaking of “free speech” DJT is engaging in it every day on his Truth Social. His variety is fact free and full of disinformation. Here are some examples:
Oh, C’mon Jack… Here’s the deal:
Dennis/Baghdad Bob, you’re about as authoritative on disinformation as you are on firearms when claiming an AR-15 will completely destroy a deer Let’s remember some of the MASSIVE lies your employer, Bribery Biden, The Police State Fascist In Chief, keeps feeding us day by day. You know, the fact free lies and treachery of the police state fascist whose work you’ve been assigned here to do to distract from his felony filled years in the White House under Obama:
– Doesn’t know anything about his son’s business dealings
– Doesn’t know who his son’s business clients are or where they’re from
– Has never met or spoken with any of his son’s business clients
– Never talked with Merrick Garland about trying to take out Trump with Russia Dossier v2.0
– Was raised Jewish
– Was raised Puerto Rican
– Was raised Black
– Was arrested civil marching with MLK
– Was arrested trying to meet with Nelson Mandela in South Africa
– Turned down a scholarship at the Naval Academy
– Drove Big Rig Trucks
Want The Complete List Of Lies From Your Police State Fascist Employer, The Big Guy, Dennis McIntyre/Baghdad Bob?
“the failure of Pelosi to heed by recommendation for troops [10,000] to be used in DC”. Fact check: The Jan 6 Committee Report and subsequent investigations have debunked this claim. ”
The order for 10,000 troops was documented in writing on Jan 4 and perhaps earlier. That was brought up through the ranks, so others knew about it as well. Pelosi refused to take advantage of those troops.
Why doesn’t Dennis know this? Because Dennis is a liar.
Will, it has happened. The defendant wants to make love with the judge in a court room.
What goes on in Las Vegas, stays in Las Vegas.
There are several NFL Football Franchises that want to sign up this defendant.
The communists (liberals, progressives, socialists, democrats, RINOs, AINOs) in America are concluding the extirpation of the Constitution, the Bill of Rights, and America.
They are “fundamentally transforming the United States of America,” ensconcing it squarely under the Communist Manifesto.
American vichy milquetoasts are watching them do it.
The Boston Tea Party took place on December 16, 1773.
The Declaration of Independence was ratified on July 4, 1776.
It took three years for Americans to acquire consciousness and act with resolve.
January 6, 2021, was three years ago.
January 6, 2024, is two days away.
______________________________________
“But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”
– Declaration of Independence, 1776
_________________________________________
“It’s time to stop talkin’ and start chalkin’.”
– Chick Hearn, Sportscaster, L.A. Lakers
Dave Chappelle says America is not racist.
Dave Chappelle invites people to consider his colossal and pervasive success, and his vast popularity with actual Caucasian Americans.
I agree with Dave.
My family has never owned slaves and it was not part of the 4% of Americans who did.
Now, may I have my “fair share” of the $25 Trillion+ spent on the “Great Society,” the “War on Poverty (i.e. poverty won),” etc., since 1963 back?
Reparations for actual Americans, please!
May all Americans who lost college admissions, employment, and other opportunities due to eminently unconstitutional affirmative action, quotas, forced busing, discriminatory “non-discrimination” laws, unfair “fair housing” laws, racial grade inflation et al. be reimbursed for the actual and imputed values of their losses?
____________________________________________________________________________________________________________________________________________________
For consideration by “Crazy Abe” Lincoln:
“Oh, what a tangled web we weave, when first we practise to deceive.”
– Marmion, A Tale of Flodden Field, Sir Walter Scott
Professor Turley, could you please outline clearly and completely what authorities and sanctions can be taken against States that flagrantly violate SCOTUS decisions? Did our founders simply intent to the voters to pay attention and vote such actors out? I am thinking of California’s 2024 laws regarding carrying concealed weapons, and other examples. It appears that Governors, like Gavin Newsom understand that any repercussions are so rare and remote in time that the benefit of pandering to their base outweighs any fallout from violating the constitution.
Only a guess here…perhaps citizens who are indicted after the Court slaps down a state for violations could sue that state for damages, including punitive. Make it not worth spending taxpayer dollars to settle numerous, unconsitutional cases before they ever start?
‘turley doesn’t even read this comment section, much less respond to it. There’s actually no evidence that he has anything to do with this website other than licensing publication of his articles.
Given Professor Turley’s relevance, import, and prolificacy, one might question your notion from the outset that he would read this blog, much less have a care.
The singular America failure has been and remains the judicial branch, with emphasis on the Supreme Court.
The Supreme Court must have struck down the denial of secession, the imposition of martial law, the Civil War, and Abraham Lincoln’s entire “Reign of Terror.”
Alas, it revealed and dissented of but one aspect, Lincoln’s unconstitutional suspension of habeas corpus, opposed merely by letter from Chief Justice Roger B. Taney.
The failed Supreme Court has lost its last and final vestige of credibility and legitimacy.
The communists (liberals, progressives, socialists, democrats, RINOs, AINOs) in America have effectively nullified the Constitution and Bill of Rights, which the Founders adopted to stand in perpetuity, as do the Ten Commandments of the Bible.
The entire communist American welfare state is manifestly unconstitutional.
America has burned down while the Supreme Court fiddled.
“Fundamentally transforming” the United States of America into a socially engineered, redistributionist, “dictatorship of the hired help” is insurrection.
remembering when people were civil not too long ago
https://www.youtube.com/live/YvRmQz525PA?si=uSb4PctUqFZiMMDP&t=1227