In its zeal to name and shame anyone who might dare entertain a different point of view regarding the National Rifle Association, the city of Los Angeles, California is violating the First Amendment by demanding all city contractors disclose whether they have any ties to the NRA. Eugene Volokh has a great legal analysis of the issues here.
So the ordinance violates the First Amendment just because of its disclosure requirement alone. And it also invites First Amendment discrimination lawsuits by individual contractors who are denied contracts after they disclose that they deal with the NRA, just as an employer’s asking applicants to disclose their religion would invite religious discrimination lawsuits by applicants who aren’t hired (and even in the absence of specific regulations barring such question).
Professor Volokh’s last question rings true – what if the shoe were on the other foot? I wonder how these same folks in LA would feel if the situation was about speech they favor. Let’s not forget that the state of California still bans government travel to certain states who do not hold the same views on bathroom usage by those identifying as a different gender than their biological sex.