Filing Summary

This filing contains the redline of the NRA’s proposed Amended Complaint in the NRA v. Cuomo litigation.  In addition to other changes noted below, the proposed Amended Complaint eliminates the various causes of action that had previously been dismissed by the Court, and instead has remaining causes of action relating to free speech – related issues (para. 86-121).

Key Points

• After the cancellation of NRA TV, the NRA’s proposed amended complaint strikes (at para. 13) a glowing reference to NRATV.  The removed text reads: Digital media is a particularly important communications medium for the NRA. The organization’s online video channel, NRATV, broadcasts original programming including three dozen original series. NRATV’s content consists substantially of political speech. Unsurprisingly, opponents of the NRA have criticized NRATV—but they acknowledge the channel’s prominence in public debate. For example, the New York Times describes NRATV as a “vital forum for the dissemination” of “pro-gun messaging in politics.”
• The NRA also excised from its complaint references to “media liability” insurance coverage. (i.e., para. 29).  Indeed, the prior complaint contended, that without such insurance coverage, “it is likely that NRATV would be forced to cease operating.”  
• The NRA adds a section of allegations entitled “ignoring identical features of comparable affinity-insurance programs, defendants impermissibly targeted the NRA.” (para. 65-79).  The section contains several redactions not available to the public.