Overview of the Case

The podcast discusses a case where the ACLU represented the NRA against the state of New York. The state had enacted policies discouraging banks and insurance companies from dealing with the NRA, citing its gun advocacy role. The state enforced settlements with insurance companies, in which they agreed to not affiliate with the NRA, even for legal products. The question arose whether the First Amendment allows the government to do this, particularly when targeting third parties like banks and insurance companies who are regulated and easily influenced. The case highlights the danger of pressure from regulators and settlement agreements that may lead to the surrender of constitutional rights.