NRA Wins Supreme Court Lawsuit Alleging First Amendment Violation

The National Rifle Association won Supreme Court authorization last week to pursue a civil rights claim against a New York state official who encouraged companies to cease all business with the gun advocacy group.

The court’s unanimous decision said the government official could “share her views freely and criticize particular beliefs” but cannot lawfully “use the power of the state to punish or suppress disfavored expression.”

Maria T. Vullo, who was a superintendent of the New York Department of Financial Services, criticized the NRA after the 2018 school shooting in Parkland, Fla. A gunman killed 17 people in a high school.

Vullo’s department regulates banks and insurers.

While under Vullo’s management, the New York Department of Financial Services investigated an insurance product known as “Carry Guard,” which covers risks from firearms, such as personal injuries and criminal defense. The program was underwritten by insurance companies associated with the NRA.

About the same time, Vullo told insurance companies and banks they should reconsider their business dealings with the NRA.

The NRA sued Vullo, claiming a violation of its First Amendment free speech rights for the organization’s advocacy of responsible gun ownership.

The NRA’s lawsuit said Vullo used her regulatory authority for “pressure tactics — including back-channel threats, ominous guidance letters and selective enforcement of regulatory infractions.”

The NRA appealed to the Supreme Court after losing before the U.S. Court of Appeals for the Second Circuit in New York.

The Supreme Court agreed with the NRA, saying “government officials cannot attempt to coerce private parties in order to punish or suppress views that the government disfavors.”

The American Civil Liberties Union represented the NRA.

“Today’s decision confirms that government officials have no business using their regulatory authority to blacklist disfavored political groups,” David Cole, the ACLU’s national legal director, said in a statement.

The case is N.R.A. v. Vullo, No. 22-842.

For more information, contact The Legal Forum (www.legal-forum.net) at email: [email protected] or phone: 202-479-7240.