|
Post by bswiv on May 31, 2024 6:52:59 GMT -5
Justice Sotomayor writing for a UNAMIOUS Supreme Court.......
She is quite clear here.......
We forget how often The Court gets to these things in a unified way. A good thing to be reminded of it now and again.
That last bit there is something of a foundational concept, implicit in it being that the centralized power of government is a dangerous thing.
The NRA plausibly alleged that respondent violated the First Amendment by coercing regulated entities to terminate their business relationships with the NRA in order to punish or suppress gun-promotion advocacy. Pp. 8–20. (a) At the heart of the First Amendment’s Free Speech Clause is the recognition that viewpoint discrimination is uniquely harmful to a free and democratic society. When government officials are “engaging in their own expressive conduct,” though, “the Free Speech Clause has no application.” Pleasant Grove City v. Summum, 555 U. S. 460, 467. “When a government entity embarks on a course of action, it necessarily takes a particular viewpoint and rejects others,” and thus does not need to “maintain viewpoint-neutrality when its officers and employees speak about that venture.” Matal v. Tam, 582 U. S. 218, 234. While a government official can share her views freely and criticize particular beliefs in the hopes of persuading others, she may not use the power of her office to punish or suppress disfavored expression.
|
|
|
Post by cadman on May 31, 2024 7:25:26 GMT -5
I just read the entire decision. It sounds like Vullo was making threats in closed-door meetings that were beyond her powers to stop the NRA from certain activities. I would agree, if true, that it violated their First Amendment rights. The court stated such and sent it back down to the lower court to decide the facts based on that decision, as I understood it as a layman. This case still has a ways to go. Here is the entire decision www.supremecourt.gov/opinions/23pdf/22-842_6kg7.pdf
|
|
|
Post by bswiv on May 31, 2024 7:40:15 GMT -5
I just read the entire decision. It sounds like Vullo was making threats in closed-door meetings that were beyond her powers to stop the NRA from certain activities. I would agree, if true, that it violated their First Amendment rights. The court stated such and sent it back down to the lower court to decide the facts based on that decision, as I understood it as a layman. This case still has a ways to go. Here is the entire decision www.supremecourt.gov/opinions/23pdf/22-842_6kg7.pdfThank you......I meant to link that in but the phone rang and I got distracted. Yes.....going back down for further work. No matter the final outcome the fact of the SCOTUS being unanimous on a foundational principle is something we are well served by being reminded of....
|
|
|
Post by cadman on May 31, 2024 7:44:47 GMT -5
I was surprised they had to overturn the appeals court decision. But it was a New York case, so maybe it was a very liberal district court.
|
|
|
Post by illinoisfisherman on May 31, 2024 8:02:41 GMT -5
👍
|
|