The NRA promotes a programme called “Carry Guard”, which insures people against legal fees if they shoot someone. New York law prohibits the promotion of insurance products without a license and it is illegal for insurers to write a policy that pays out if the insured commits an illegal act. The Department for Financial Services pursued fines against insurers and the NRA for these violations. During its investigation, the director of the Department told insurers that they could avoid liability by helping her campaign against the NRA and taking an anti-gun stance publicly.
Legal reasoning:
Unanimous opinion of the court delivered by Justice Sotomayor. The director of the Department for Financial Service’s actions are illegal under the free speech protections afforded by Amendment 1 of the US Constitution because she used her political office to pressure others into making speech that they would not otherwise make.
Case summary:
The NRA promotes a programme called “Carry Guard”, which insures people against legal fees if they shoot someone. New York law prohibits the promotion of insurance products without a license and it is illegal for insurers to write a policy that pays out if the insured commits an illegal act. The Department for Financial Services pursued fines against insurers and the NRA for these violations. During its investigation, the director of the Department told insurers that they could avoid liability by helping her campaign against the NRA and taking an anti-gun stance publicly.
Legal reasoning:
Unanimous opinion of the court delivered by Justice Sotomayor. The director of the Department for Financial Service’s actions are illegal under the free speech protections afforded by Amendment 1 of the US Constitution because she used her political office to pressure others into making speech that they would not otherwise make.