Senator Joseph McCarthy NRA membership Los Angeles
National Archives vs Wikimedia Commons
McCarthy Los Angeles NRA membership disclosure ordinance
National Archives via Wikimedia Commons

“Are you now, or have you ever been a member of the National Rifle Association?”

No, that’s not a reincarnation of the House Un-American Affairs Committee’s standard inquiry of those appearing before it. (Although give the new Democrat-controlled House of Representatives time…they’ll get there.)

That’s the question, thanks to a new law, that the City of Los Angeles is now asking all contractors who do business with the nation’s second-largest city.

From reason.com:

The ordinance, enacted yesterday, states:

Each [contract] Awarding Authority shall require that a Person fully disclose prior to entering into a Contract, all of its and its Subsidiaries’ contracts with or Sponsorships of the NRA.

The disclosure required under this section shall continue throughout the term of the Contract, thereby obligating a Person to update its disclosure each time the Person or its Subsidiary contracts with or enters into a Sponsorship with the NRA.

And it makes clear that it is motivated by the NRA’s political advocacy, as you can see from the recitals at the start of the ordinance (e.g., “the NRA leadership, with the financial support of its dues paying members, continues to lobby against gun safety regulations”).

It’s the latest attempt by anti-gun government entities to “other-ize” guns, gun owners, and the National Rifle Association. A longtime effort that really picked up steam after the Parkland shooting one year ago this week.

There’s only one problem. The Supreme Court has ruled that it’s unconstitutional for government entities to retaliate or discriminate against contractors based on the exercise of their Civil Rights or due to their political affiliations.

And the Court has also made clear that compulsory disclosures of political association is also presumptively unconstitutional, precisely because they deter such association, see Shelton v. Tucker (1960), a case requiring such disclosures of schoolteachers:

Even if there were no disclosure to the general public, the pressure upon a teacher to avoid any ties which might displease those who control his professional destiny would be constant and heavy. Public exposure, bringing with it the possibility of public pressures upon school boards to discharge teachers who belong to unpopular or minority organizations, would simply operate to widen and aggravate the impairment of constitutional liberty.

So, as Reason’s Eugene Volokh notes, the disclosure requirement is a clear violation of First Amendment rights.

Naturally, the same would be true if a city asked companies whether they do business with or sponsor the NAACP, the ACLU, or any other group because of the group’s political advocacy.

Naturally. Except no big city (or any other government entity) would ask those with whom they do business if they’re associated with those groups. Wonder why?

 

[h/t DrVino]

 

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86 COMMENTS

    • So I guess I’m a little slow. How could this possibly be unpopular here or anywhere? All of the amendments apply including the first/ Texas is wrong flat out. They can’t compel speech.

      • It appears I was banned from this site after posting certain content. You can say a lot of things here, just don’t touch certain topics.

    • WTF? How have I not heard of this? I’m Pro-Israel. I travel there regularly and work there often. I have Israeli friends and family. But that is some damn un-American bullshit.

    • Wow! If this were remotely accurate I’d be interested…however as Texas has a state law that bans state entities for doing business with anti Israeli entities, you are affirming that in order to enter into a contract with Texas, you do not boycott Israel. Simple. No ban on anyone’s speech. Oh, and this has been discussed ad nauseum on other sites. Luckily I did the research for those of you quick to the keyboards without delving into the subject seeking the truth.

      https://reason.com/volokh/2018/12/18/everyone-is-misreporting-the-texas-bds-l/print

      • Many in the US government directly work for Israel. Now the TX legislature takes away your 1A rights to support a foreign government, all because the Bible tells them so.

        And the best part is the $100B giveaway from our taxes, over $30B each year.

        Remember when General Eisenhower warned us about the military industrial complex taking over America, here it is as we speak.

        And the hundreds of billions of dollars we give to the Israelis in military aid is the exact reason the Muslim world hates America, we are armed invaders on their soil. We are smacking the hornets nest and wondering why stings are up, all at a profit for the military industrial complex.

        “At a signing ceremony at the State Department on September 14, 2016, representatives of the U.S. and Israeli governments signed a new 10-year Memorandum of Understanding (MOU) on military aid covering FY2019 to FY2028. Under the terms of the MOU, the United States pledges to provide $38 billion in military aid ($33 billion in Foreign Military Financing grants plus $5 billion in missile defense appropriations) to Israel. This MOU replaces a previous $30 billion 10-year agreement, which runs through FY2018.”

      • I read the text of the statue at Texas Legislature Online. Completely unAmerican and an embarrassment to my great state.

    • Ha ha ha, I think it’s funny. She forgot, ” You have the right to remain silent, anything you say, Can and Will be used Against you. That’s America’s freedom of speech.

  2. Welcome to the “peoples republic of Komiefornia” Now everyone pack your shit and LEAVE while you still can, before we build a wall.

    • Small fact

      California was ruined by the OTHER 49 states when they did not help to uphold the borders or immigration laws and then ADD cali had prop 187 in 1994 that stated no illegal alien should get government benefits—but was stopped by the feds—
      the other 49 states FAILED California and not the other way around

      truth hurts!

      • 187 turned Latinos into reliable Democratic voters. It was a disaster that was unenforceable without violating 4th and 5th Amendment rights. We have Pete Wilson’s political ambitions to thank for 187.

        • The only people who believe aliens, legal or not, should get the same benefits $$$, as an american citizen, are the same ones who support open borders. Mexico will not give an immigrant anything except a beating. Never forget Mexico is an oil rich country.

        • One of Newsom’s initial priorities is Medi-Cal to cover illegal aliens. But as CA gov moves more Left, we see more gov regulation, rising state debt crisis, all resulting in higher income and sales taxes and more control. More companies and people will continue leaving CA. But I’m sure they’ll find time to further infringe on our 2A rights.

        • Oh BS. By your “logic” having to show a legit ID and social security card when applying for a job would be a violatin of the 4th and 5th amendments as well.

      • I do not think you have your facts correct: What changed California was the proliferation of leftist, liberal and social democratization fomented originally at institutions such as Berkely and similar “forward-thinking” institutions of “higher learning”.
        Many “educators” of the early fifties and sixties were (and are today) confirmed socialists and communists, or have actively educated generations in the social-communistic ideal.

        And the masses of otherwise educated people have fallen for it! These deluded folk persist in electing officials who actively work against the precepts of individual freedom and democracy as promulgated by the constitution of this Republic. The Likes of Pelosi, Newcomb, Feinstein, Harris, Waxman, Napolitano, Schiff, Chu, Lee, et. al. are an affront to liberty and the constitutional ideal.

        But if these are the sorts of persons elected by the benighted populace, then I would say the populace has chosen. Evidently those persons who believe in a constitutional Republic do not have enough sway or political will to try to overcome those who would try to curtail basic freedoms and pursue a near-communistic or at least socialist agenda.

        You brought it on yourselves by your inaction and failure to perceive what socialistic activism could accomplish. To whine about it now is futile unless you are willing to COMMIT to changing the status quo.

  3. Easy. If asked, the answer is “no,” then send another donation to the NRA (or other gun rights org, if that’s your preference). Better yet, stay the hell away from LA.

  4. The LA City Council should disclose any money that they receive from a developer, their associates and any non-profits associated with them before any vote to approve a project or change land uses. They should do this in writing on the agenda and orally before they speak in favor or against a project. Their minions should also disclose this whenever they talk in front a group or government board. Otherwise they are just a bunch of hypocrites who want to pass meaningless laws. The real corruption is in City Hall.

      • No, it’s just bad generally. If we’re the kind of place that executes people for having the wrong ideas, then there’s nothing worth saving.

        • There’s a difference between “wrong” ideas and EVIL ideas. The way I see it, if you signed a bill that was then ruled unconstitutional, you should be personally held responsible for that.

        • How about if you sponsor a bill deemed unconstitutional by the SCOTUS you are barred from ‘public service’ for life. Maybe lose your voting privileges while we’re at it.

        • “If we’re the kind of place that executes people for having the wrong ideas, then there’s nothing worth saving.”

          This. So fucking much this. There’s a big difference between, say, being deep in debt and thinking about committing fraud or robbing a bank to improve your situation and actually doing one of those things. In fact, it’s arguable that it’s more laudable to think about it and then decide against doing it in favor of just working your ass off to pay those bills. In a religious context you could see it as being tempted by, but not giving in to, sinful thoughts which is arguably more noble than never having been tempted in the first place (depending on which philosophers you prefer).

          The concept of jailing people for having sponsored or signed a law that’s later found to be unconstitutional is seriously problematic. For one thing it’s entirely subjective. Some law might well be found unconstitutional in one federal circuit but not in another and if SCOTUS denies cert on those cases then what the fuck do we do? Lock up the guys who passed that law in Florida but let the ones in California, who did EXACTLY the same thing, skate? That’s not equal protection under the law and it’s exactly what this country is designed to avoid: a country of men rather than of laws. Certainly some variance in laws from state to state is acceptable but this is going pretty darn far past the grey and into dangerous ground since it would almost by definition require an arbiter outside the state to enforce a law unevenly amongst the states.

          This is one of those things that, IMHO, is best solved by fixing the educational system so that when people in public office, who have been granted the public’s trust, act inappropriately an educated population sees what they have done for what it is and remove those people from whatever position of power that they have. The real root of this problem is that our freedoms are no longer a jewel for which the public jealously guards against the approach of public officials.

        • Ok then, compromise on just beating people who hold treasonous views. Like someone does so, let’s say they could be whipped with a cane.

        • Serge, bear in mind that the average politician is suitable for only two other professions, roofers and Walmart greeters. So being banned from politics would be a lot like a sex offender conviction.

    • Yes! With the Guillotine! Every Anti-Bill of Rights Demo-Marxist and Globalist GOP RINO ! In public, and their government connected relatives (who are problably receiving Carve outs.) Get started and feathered! One Best way to get rid of BIG Goverment corruption!

  6. If the ordinance does specifically states “NRA”, I don’t see how they could legally tie that to the National Rifle Association without eliminating any number of other organizations with those same initials (National RatRod Association, National Radiologist Association, National Restoration Association, etc.).

  8. Sadly, federal law seems to hold very little weight in California these days. Frankly, it’s the biggest reason I left that state forever about 10 years ago.

  9. It is obvious that Democrats believe various philosophies (such as Christian and Republican) are incredibly destructive to our nation. Would it be totally okay if a city government requires contractors to disclose whether or not they have supported Republican or Christian organizations — so that the city can refuse to contract with them of course? (The obvious answer is absolutely not!)

    What we are seeing is Progressives trying to make their political enemies wear a figurative Scarlet Letter. Sadly, that is only the first step. The second step will be making their political enemies wear yellow 6-pointed stars. The final step will be loading all those people with those yellow stars onto cattle cars destined for “re-education” camps.

    And no, that last sentence is NOT hyperbole. Just look at the comments and actions of several Progressive adherents. You won’t have to look very hard to see that they really want their political enemies eliminated.

      • I sure do. I never thought about that movie from the perspective that Progressives actually invited the invasion forces from another nation.

        That there is an incredibly compelling reason for the Second Amendment: when our own government invites a foreign military to invade and eliminate domestic political enemies.

    • ” Would it be totally okay if a city government requires contractors to disclose whether or not they have supported Republican or Christian organizations — so that the city can refuse to contract with them of course?”

      There’s no need to ask *that* question, since the voter rolls ar public records, and in the case of Florida, searchable online.

      …which leads to the obvious question, how do we know such shenanigans aren’t being done right *now* when being considered for a ‘public service’ job? What a fantastic way for Leftist municipal governments to ‘weed out’ those who aren’t Leftist for government jobs!

      You know, I’m beginning to suspect that the voter rolls may need to be made strictly private and confidential…

  11. Company owner checks ‘NO” box while signing off on 10k donation check to NRA and then 100k to Calguns! Then gifts all employees with NRA year membership!

    mike drop!

    • What makes you think McCarthy’s defense of the Constitution and opposition to spying has anything to do with this?

    • If you don’t see this blatant violation of human and civil rights for what it is then you are the neckbeard.

    • McCarthy was right. After the fall of the Soviet Union declassified KGB documents SHOWED he was right. The difference is that McCarthy was doing his job, defending the United States against foreign enemies. In this case, the people passing this bill would be DOMESTIC enemies. (Almost certainly in the pocket of the Chinese Communist Party.)

  13. What an interesting collection of viewpoint discrimination, civil rights infringement, and supremacy cases are queueing up to land in the “What it says.” Supreme court. With visibility, advocacy, and an energized legislature via “Cocaine Mitch” and the like, even Chief Squish Roberts might flop in that direction.

    The Screaming D’s have even begun inching toware the *amend the constitution* reuirement, coming out with a “We need the ERA! Again, still!” trial balloon.

    Not that I expect it, but a useful messaging campaign would recap civics 101 something like:

    – The US Constitution is about the scope and mechanics of national government: what it is permitted to do and how. (Contra the Russian / USSR, the EU’s various chargers, one assumes whatever Venezuela wrote down under Chavez, and The OC’s Green New Deal, which was not only way beyond scope for the US Federal government, but written way, way, way more broadly than that document, or, in fact, its recent predecessor power grab legislation, the Affordable On Opposite Day Act.)

    – You wanna do something out of scope, or the mechanics don’t work for you, it’s amendment time.

    – Amendments are hard, and federal government in principle limited, becuse people don’t much like other people far away imposing their preferences. (It is decidedly not unlimited, direct democracy, even less fake democracy in the age of manufacutred consent: You can do anything you can 50% plut one vote for, that one time of your choosing.)

    Really, if you’e so smart, and so right, you can do like Joseph Smith, or today’s California (or NY). Do it your way and The Deplorables will flock to your paradise. (I note that this week, of CA’s budget more blown than expected, they also are declaring the “high speed rail” boondoggle too hard to even expropriate (kiinda, sorta — these things are written and administered to make it hard to know what’s going on.) Of course they can celebrate for generations the monument to moved earth, destroyed farms, blocked roads and paths, plus untold piles of newly poured concrete. They didn’t just appease their constituency, they kneecapped people who aren’t like them. So, winning!

    If you need to leverage the feds (or the state, or the AntiFa hordes, or the odd restaurant owner) to extort other people to do what you want, it’s probably not great for them.

    Bringing other peole news of a good thing they didn’t know they could do for themselves — one thing. Forcing other people to do a thing good for you but bad for them — another thing. Coercing people under color of moral necessity and scapegoating, well, that’s the last refuge of a racket that isn’t even good for it’s own crew any more.

    • Seeing your reference to the ERA made my mind wander a bit. I think the ERA would be a good thing, right now. The “Earned Rights Amendment”, that is, you have no constitutional rights until you have earned them. Service in the military, or at least paying taxes, or you can’t own a gun or vote, no handouts, no public defender, seems like a place to start.

      • You directly insult the American Constitution. I doubt you have ever served. Nobody I served with in the Infantry said this should be mandatory. But hey if you want to give up your rights. I live for necessity. I would be above you for sure in your fantasy. Stupid POG.

  14. The Left is violating the Constitution? I’m shocked. Shocked, I tell you. Just as shocked as learning that gambling is going on in a casino.

    “Your winnings, sir.”

    Thank you very much. Shocked, I tell you.

    Seriously, when the h— will these bas—-s actually be punished for their lawlessness?!?

  16. California should be declared to be in insurrection against the Federal government. Federal troops should then be dispatched to arrest state and local government officials and occupy the state until a government in line with the Constitution can be brought into existence.
    Ditto for New York, New Jersey, and Maryland as well.

    • One at a time. Send along a team to sanitize state laws etc not in compliance with constitution, probably just pitch everything in CA, import laws from Montana, Texas, whatever, and erase the names of the politicians you had to execute from all state records. Then the team can move to the next winner.

  17. Bush designated the NRA a terrorist organization because they advocated armed resistance against gun grabbers. If you doubt this, look at some of the background checks done at Federal level.
    Notice that there is no mention of GOA or FPC in the ban.
    I’m afraid courts will probably uphold a request to disclose contact with a terrorist organization.

    • I could not find a single reference to the NRA ever receiving that designation. There was even an article here on TTAG back in 2015 discussing the possibility of such a politically motivated move in the future. If it had actually happened in the past that would have been an important fact to include.

      Therefore, no Bush did not do that. No one has, even though the hard-Left has promoted the idea.

      • Sounds nonsensical, the NRA national headquarters are in D.C., aren’t they? If they had been designated a terrorist org, why hasn’t everybody there been arrested and the building razed?

  22. Until the NRA is classified as a terrorist organization this is discrimination, which public agencies cannot do.

    • “Until the NRA is classified as a terrorist organization…”

      And guess who it is who wants to do *exactly* that?

      Leftists! 😉

  24. Senator Joseph McCarthy was correct about communist infiltration into government agencies. His work delayed the communist takeover in the US. But now its happening at a state and local level. The Communists changed tactics.

  25. What constitutes “ties” to any particular organization, and also, what one wonders has b one of Freedom Of Association??

  26. living in lala land I went my council man office bob blumenfool, ask about this , flaming liberal just smile lot its okay and reminded about potential jobs lost due this they didn’t care

  29. This ban of contractor support in Los Angeles is revolutionary, literally. It they not only snub the nose oat the 2nd ammendmant, they apparently don’t think much of the 1st. And the law in Texas completely shocks me! I thought Texans loved freedom yet they pull this shenanigans?

    The more of this I see the more I see some people rationalizing civil war!

  32. N.R.A. I was a member once, now California is out to get them, now I’m going to be an NRA member again.

  33. This was what they said was so bad about McCarthyism – guilt by association. But, if it’s a good idea now, then the LA city council members need to reveal all of their contracts, sponsorships, donations to, donations from, and associations with every organization involved in any political activity at all. They need to reveal everything. All of it, or they go to prison.

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