Regulators Can't Coerce Deplatforming

Updated: 2026.01.05 24D ago 1 sources
The Supreme Court held that a regulator who pressures banks or insurers to stop doing business with a controversial lobbying group can violate the First Amendment if the coercion is meant to punish or suppress the group's speech. The decision creates a legal constraint on using supervisory leverage or reputational threats to induce private intermediaries to 'deplatform' disfavored speakers. — This limits a growing administrative tactic (using licensing, supervision, or publicity to force intermediaries to cut ties) and will affect future fights over how governments try to shape platform and financial access for contested speech.

Sources

National Rifle Association of America v. Vullo - Wikipedia
2026.01.05 100% relevant
Maria Vullo (NY DFS director) advised banks/insurers to avoid the NRA after Parkland; the Supreme Court (Sotomayor, unanimous) vacated the Second Circuit and held such coercion, if proved, violates the First Amendment.
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