Civil Liberties Make for Strange Bedfellows

Last Thursday, Sonia Sotomayor helped protect the country from Donald Trump, and she did it in an unexpected way — by defending the National Rifle Association.

Let me explain.

Attempts to target the free speech of political opponents are often the first sign of a decline into authoritarianism. As Frederick Douglass wrote in 1860, after an angry mob shut down an abolitionist event in Boston, “No right was deemed by the fathers of the Government more sacred than the right of speech.”

“Liberty,” he went on, “is meaningless where the right to utter one’s thoughts and opinions has ceased to exist. That, of all rights, is the dread of tyrants. It is the right which they first of all strike down.”

That’s exactly right, and that’s why Sonia Sotomayor’s opinion for a unanimous Supreme Court upholding the free speech rights of the N.R.A. against a hostile attack from a Democratic official in New York has ramifications well beyond New York politics and well beyond the battle over gun rights. By upholding the free speech rights of the N.R.A., the Supreme Court reinforced the constitutional wall of protection against vengeful government leaders, including Trump.

Here’s what happened. In 2017, Maria Vullo, who was then the superintendent of the New York State Department of Financial Services, began investigating the N.R.A. Carry Guard insurance program. As the court’s opinion explains, Carry Guard was an insurance affinity program in which the N.R.A. offered insurance that “covered personal-injury and criminal-defense costs related to licensed firearm use” and even “insured New York residents for intentional, reckless and criminally negligent acts with a firearm that injured or killed another person.”

Under the affinity program, the N.R.A. would offer the insurance as a member benefit and various insurance companies, including Chubb Limited and Lloyd’s of London, would underwrite the insurance and the N.R.A. would take a cut of the premium payments.