But there is one recent decision where the court was unanimous in its ruling, perhaps because its holding should not be controversial: National Rifle Association v. Vullo. In that 2024 case, the court said that it’s a clear violation of the First Amendment’s free speech provisions for government to force people to speak and act in ways that are aligned with its policies.
The second Trump administration has tried to wield executive branch power in ways that appear to punish or suppress speech and opposition to administration policy priorities. Many of those attempts have been legally challenged and will likely make their way to the Supreme Court.
The somewhat under-the-radar – yet incredibly important – decision in National Rifle Association v. Vullo is likely to figure prominently in Supreme Court rulings in a slew of those cases in the coming months and years, including those involving law firms, universities and the Public Broadcasting Service.
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In May 2024, in an opinion written by reliably liberal Sonia Sotomayor, a unanimous court ruled that the efforts of New York state government officials to punish companies doing business with the NRA constituted clear violations of the First Amendment.
Following its own precedent from the 1960s, Bantam Books v. Sullivan, the court found that government officials “cannot attempt to coerce private parties in order to punish or suppress views that the government disfavors.”