Wall Street Journal Editorial Writer Endorses NRA Lawsuit
James Freeman, assistant editor of The Wall Street Journal editorial page, wrote an editorial on November 14, 2018, in support of the firm’s client, the National Rifle Association (NRA), in its First Amendment case against New York Gov. Andrew Cuomo and the New York State Department of Financial Services.
On November 6, 2018, Judge Thomas J. McAvoy upheld the NRA’s First Amendment freedom-of-speech claims – the crux of its complaint against the State of New York. The opinion piece, “The NRA Will Have Its Day in Court,” underscores the key themes of the NRA’s case and summarizes what has become one of the most closely-watched cases of its kind.
Freeman writes, “...no elected official in the country has more aggressively sought to limit free speech rights than Gov. Andrew Cuomo. Now he will have to answer for it in court.”
Freeman continues, “There is an enormous interest for all Americans in making sure that a politician like Mr. Cuomo cannot abuse his authority to silence law-abiding citizens with whom he disagrees.”
Reuters Columnist Writes About Firm’s Free Speech Advocacy for NRA
The Reuters legal writer Alison Frankel wrote an opinion piece on November 7, 2018 about the firm’s representation of the National Rifle Association (NRA). The piece, “In NRA v. NY, a Timely Reminder That Officials Can’t Use Their Power to Squelch Free Speech,” reports that a federal judge has upheld the NRA’s major First Amendment claims against New York Governor Andrew Cuomo and the New York State Department of Financial Services.
Frankel writes, “The National Rifle Association’s favorite part of the Bill of Rights is the Second Amendment, but it was the Constitution’s protection for free speech that kept alive the NRA’s lawsuit accusing top New York officials of pressuring insurers to ditch the gun rights group.” She adds, “To paraphrase the cliché, you can deplore what the NRA has to say but nevertheless defend its right to speak without government interference.”
The article quotes partner William Brewer, lead attorney for the NRA. He says the forward movement of this case upholds “basic First Amendment principles” and “marks a significant development for not only the NRA, but all advocacy groups engaged in political speech under the protections of the First Amendment.”
NYLJ Reports that NRA’s Lawsuit Against Gov. Cuomo Moves Forward
The New York Law Journal reports that a lawsuit brought by firm client the National Rifle Association (NRA) on First Amendment claims against New York Gov. Andrew Cuomo and the Department of Financial Services (DFS) will move forward. The November 6, 2018, article reports that “U.S. District Judge Thomas McAvoy of the Northern District of New York wrote in a lengthy decision that the NRA’s claims that actions by Cuomo and Department of Financial Services Superintendent Maria Vullo stifled its free speech were sufficient enough to be evaluated at trial.”
The highly-anticipated decision follows a hearing in Albany on September 10, 2018.
“This decision upholds not only the NRA’s First Amendment claims, but basic First Amendment principles,” said firm Partner William Brewer, lead attorney for the NRA in the matter. “The motion to dismiss was a misguided attempt to avoid addressing the substance of this case. As the court recognized, the NRA deserves its day in court – and we look forward to it. We are eager to proceed with discovery, which we believe will reveal more troubling facts about defendants’ abuse of state power to suppress opposing political views.”