This qualifies as news because it’s actually novel:
The official view of the American Civil Liberties Union (ACLU) remains that the Second Amendment protects a “collective right rather than an individual right.” But the organization nevertheless is helping the National Rifle Association (NRA) fend off extralegal attempts by New York state officials to put it out of business.
In a brief filed in federal court today, the ACLU argues that New York’s strong-arm efforts to compel banks and insurance companies to ditch the NRA as a customer represent a glaring violation of the First Amendment.
“Although public officials are free to express their opinions and may condemn viewpoints or groups they view as inimical to public welfare, they cannot abuse their regulatory authority to retaliate against disfavored advocacy organizations and to impose burdens on those organizations’ ability to conduct lawful business,” the ACLU says.
The ACLU’s amicus brief never says the group agrees with the NRA’s positions on firearms. Instead, the group invokes a long series of First Amendment cases to argue that the regulators should not use their power in office to punish political enemies.
A timeline prepared by the NRA suggests the intimidation campaign began last fall. The anti-gun group Everytown for Gun Safety met with New York officials in September 2017; a month later the Department of Financial Services began an investigation that started with a company called Lockton, which administered the NRA-branded personal liability insurance program known as Carry Guard. Despite a 20-year relationship, Lockton responded by abruptly ditching the NRA as a customer in February; so did Chubb and Lloyd’s.
Emboldened by this initial success, Maria Vullo, head of the state’s Department of Financial Services, sent a pair of ominous letters to all banks, financial institutions, and insurers licensed to do business in New York. Vullo warned companies to sever ties with pro-Second Amendment groups that “promote guns and lead to senseless violence” and instead heed “the voices of the passionate, courageous, and articulate young people” calling for more restrictions on firearms. All companies receiving the letter, she advised, should “review any relationships they have with the NRA or similar gun promotion organizations, and to take prompt actions to managing these risks and promote public health and safety.”
New York Gov. Andrew Cuomo underlined the regulatory threat in a tweet the next day: “The NRA is an extremist organization. I urge companies in New York State to revisit any ties they have to the NRA and consider their reputations, and responsibility to the public.'”
As a result of those not-very-veiled threats, the NRA says, multiple banks withdrew bids to provide basic depository services. The NRA is also worried about being able to continue producing its NRA TV channel, with hosts including Dana Loesch and Cam Edwards, unless it can obtain normal media liability insurance. (In May, NRA sued Cuomo and Vullo, a former Cuomo aide when he was attorney general. See J.D. Tuccille’s Reason coverage at the time.)
“If Cuomo can do this to the NRA, then conservative governors could have their financial regulators threaten banks and financial institutions that do business with any other group whose political views the governor opposes,” David Cole, the ACLU’s legal director, wrote in a blog post today. “The First Amendment bars state officials from using their regulatory power to penalize groups merely because they promote disapproved ideas.”
A few decades ago, the ACLU acting like, you know, a civil liberties union wouldn’t have been shocking at all. (In fact, back in the dim mists of time, the ACLU back the Texas Review Society in a lawsuit against the University of Texas for prohibiting non-university on-campus newspapers, even though the Texas Review Society was a registered student group). Lately, however, the ACLU has seemed little more than an extension of the liberal overclass (it’s Twitter timeline seems to have gone to an “All ‘OMG The Illegal Alien Children’ All The Time” format), and recently it’s gone wobbly on it’s signature issue of free speech.
So it’s nice to see the ACLU at least pretend it still cares about free speech for deplorables…
(Hat tip: Instapundit.)
Tags: ACLU, First Amendment, NRA, Second Amendment
The aclu didn’t have a change of heart; this is purely a survival strategy.
Operation choke point happened during Obama’s tenure. Now that Trump is in the oval office, the liberals don’t want their own weapons turned against they or their friends.