The unanimous court in Vullo held that the National Rifle Association (NRA) had sufficiently alleged a First Amendment claim against the New York superintendent of financial services. While the vindication of free speech rights is the top-line takeaway from Thursday’s 9-0 decision, there is much more to glean from the 20-page opinion and two concurrences. Here are five key points.

1. The Decision Focused Solely on Government Coercion //

2. Some Great Language for Lovers of Free Speech //

“The Constitution does not distinguish between ‘comply or I’ll prosecute’ and ‘comply and I’ll look the other way,’” the Supreme Court explained, stressing whether something is “analyzed as a threat or as an inducement,” is irrelevant—“the conclusion is the same,” namely the communications are “coercive” and thus violate the First Amendment.

This judicial gloss to “coercion” provides a fulsome protection of free speech rights by allowing “coercion” to be established by either “a threat” or “an inducement.” The court’s unanimous opinion includes additional broad language further protecting American rights to freedom of speech. //

3. The Disinformation Industry Are The Baddies at Protecting Democracy

In ruling in favor of the NRA, the Supreme Court stressed that “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.” That passage provides an important reminder to Americans of the value of diverse viewpoints in the marketplace of ideas and a warning that suppressing disfavored speech is inherently destructive to a sustained democracy.