Explore The NRA Universe Of Websites

NRA Secures Landmark Legal Victory; Supreme Court Unanimously Rules for NRA in First Amendment Case Against Former New York Regulator

Thursday, May 30, 2024

NRA Secures Landmark Legal Victory; Supreme Court Unanimously Rules for NRA in First Amendment Case Against Former New York Regulator

The National Rifle Association of America (NRA) scored a historic legal victory today in one of the most closely followed First Amendment cases in the nation.

In a stinging rebuke of New York’s “blacklisting campaign” against the NRA, the Supreme Court unanimously ruled for the NRA in its case against former New York State Department of Financial Services Superintendent Maria T. Vullo. The decision remands the NRA’s case to the lower court – reviving the NRA’s claims that Vullo, at the behest of former New York Governor Andrew Cuomo, violated the NRA’s First Amendment rights when she urged banks and insurers to cut ties with the NRA in 2018.

“This victory is a win for the NRA in the fight to protect freedom,” says NRA President Bob Barr. “This is a historic moment for the NRA in its stand against governmental overreach. Let this be clear: the voice of the NRA membership is as loud and influential as ever. Regulators are now on notice: this is a win for not only the NRA, but every organization who might otherwise suffer from an abuse of government power.”

The case was argued before the U.S. Supreme Court on March 18, 2024. The case is one of the most high-profile First Amendment cases in recent memory, with dozens of legal experts and constitutional scholars, including the ACLU, siding with the NRA.

“This is a moment of truth,” says NRA EVP & CEO Doug Hamlin. “The decision underscores the importance of this principled fight. When it comes to defending our members and their freedoms, the NRA will never back down.”

The opinion of the court, written by Justice Sonia Sotomayor, states, “Six decades ago, this Court held that a government entity’s ‘threat of invoking legal sanctions and other means of coercion’ against a third party ‘to achieve the suppression’ of disfavored speech violates the First Amendment… Today, the Court reaffirms what it said then: Government officials cannot attempt to coerce private parties in order to punish or suppress views that the government disfavors. Petitioner National Rifle Association (NRA) plausibly alleges that respondent Maria Vullo did just that.”

“This is a landmark victory for the NRA and all who care about our First Amendment freedom,” says William A. Brewer III, counsel to the NRA. “The opinion confirms what the NRA has known all along: New York government officials abused the power of their office to silence a political enemy. This is a victory for the NRA’s millions of members and the freedoms that define America.”

In the opinion, Justice Sotomayor writes that Vullo was “free to criticize the NRA” but “could not wield her power, however, to threaten enforcement actions against DFS-regulated entities in order to punish or suppress the NRA’s gun-promotion advocacy.”

Justice Sotomayor continues, “One can reasonably infer from the complaint that Vullo coerced DFS-regulated entities to cut their ties with the NRA in order to stifle the NRA’s gun-promotion advocacy and advance her views on gun control.”

The History of the Case

In a May 2018 lawsuit, the NRA alleged that Vullo, at the urging of Governor Cuomo, took aim at the NRA and conspired to use DFS’ regulatory power to “financially blacklist” the NRA – coercing banks and insurers to cut ties with the Association to suppress its pro-Second Amendment speech. The NRA argues that Vullo’s actions were meant to silence the NRA – using “guidance letters,” backroom threats, and other measures to cause financial institutions to “drop” the Association.

The NRA's First Amendment claims withstood multiple motions to dismiss. But in 2022, after Vullo appealed the trial court’s ruling, the Second Circuit struck down the NRA’s claims. The court ruled that in an era of “enhanced corporate social responsibility,” it was reasonable for New York's financial regulator to warn banks and insurance companies against servicing pro-gun groups based on the supposed “social backlash” against those groups’ advocacy. The court also ruled that Vullo’s guidance – written on her official letterhead and invoking her regulatory powers – was not a directive to the institutions she regulated, but rather a mere expression of her political preferences.

On February 7, 2023, the NRA petitioned the U.S. Supreme Court, seeking review of the Second Circuit decision. On November 3, 2023, the Court granted review of the case.

Twenty-two amicus briefs representing more than 190 individuals and organizations were filed in support of the NRA’s position, including a filing by several of the nation’s foremost First Amendment scholars. The amicus briefs also included a joint filing by dozens of congressional Republicans and filings by 25 state attorneys general. The support came from across the political spectrum.

On Monday, March 18, 2024, the Court heard oral arguments in the case. ACLU National Legal Director and NRA counsel David Cole argued that Vullo and other New York officials abused their authority in violation of the First Amendment, telling the justices: “There's no question on this record that they encouraged people to punish the NRA.” Cole said, “It was a campaign by the state’s highest political officials to use their power to coerce a boycott of a political advocacy organization because they disagreed with its advocacy.”

Eugene Volokh joined Brewer and the ACLU in representing the NRA, along with Brewer partners Sarah B. Rogers and Noah Peters.

TRENDING NOW
Canada Announces New Gun Bans, More Gun Control on the Horizon

News  

Monday, December 9, 2024

Canada Announces New Gun Bans, More Gun Control on the Horizon

On December 5, at a late afternoon press conference in Ottawa, Canada’s federal Public Safety Minister Dominic LeBlanc announced that 324 additional makes and variants of rifles would be added to the 2020 list of ...

Hunter Biden Pardon Makes a Fitting Mockery of Federal Gun Control

News  

Monday, December 9, 2024

Hunter Biden Pardon Makes a Fitting Mockery of Federal Gun Control

NRA-ILA routinely points out that it is more informative to watch anti-gun politicians and officials’ behavior than to listen to the platitudes they spew about enacting gun control to protect the public. 

Operation Choke Point 2.0? Financial Services Discrimination Back in the News

News  

Monday, December 9, 2024

Operation Choke Point 2.0? Financial Services Discrimination Back in the News

The plague of businesses and even individuals being exiled from the modern economy by politically motivated regulators is back in the news, thanks largely to a recent segment on the Joe Rogan Experience podcast in ...

Anti-Gun Extremists Continue Long History of Failure in PA Courts

News  

Monday, December 9, 2024

Anti-Gun Extremists Continue Long History of Failure in PA Courts

Philadelphia and Pittsburgh have been trying, and failing, to circumvent Pennsylvania’s firearm preemption law, first enacted in 1974, for decades.  

NRA Files U.S. Supreme Court Amicus Brief Defending American Firearms Manufacturers in Lawsuit Brought by Mexico

Tuesday, December 3, 2024

NRA Files U.S. Supreme Court Amicus Brief Defending American Firearms Manufacturers in Lawsuit Brought by Mexico

Today, NRA filed an amicus brief in the U.S. Supreme Court in Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos.

Michigan: Anti-Gun Legislators Make Final Push Before Close of Session

Friday, December 6, 2024

Michigan: Anti-Gun Legislators Make Final Push Before Close of Session

With less than seven session days remaining, anti-gun legislators are aggressively pushing several bills that threaten the Second Amendment rights of Michigan citizens. These efforts come as they aim to cement their legacy before losing ...

PA: Age Restriction Lawsuit Update for Blair County

Friday, December 6, 2024

PA: Age Restriction Lawsuit Update for Blair County

You may have seen the following alert where NRA along with Firearms Policy Coalition and two individuals filed a federal lawsuit in western Pennsylvania challenging Pennsylvania's prohibition on concealed carry by adults under 21. 

California: Governor Newsom Signs Multiple Anti-Gun Bills into Law

Friday, September 27, 2024

California: Governor Newsom Signs Multiple Anti-Gun Bills into Law

On September 24th, Governor Newsom continued his crusade to erode Second Amendment rights in California by signing several anti-gun bills into law. NRA actively opposed these bills throughout the session and will continue to fight ...

Canada’s Gun Grab – Running Out of Road

News  

Monday, August 12, 2024

Canada’s Gun Grab – Running Out of Road

The wheels are coming off of Canadian Prime Minister Justin Trudeau’s gun confiscation program (“buyback”).

Ohio: Take Action and Support Prohibition of Firearm Liability Insurance Today!

Monday, December 9, 2024

Ohio: Take Action and Support Prohibition of Firearm Liability Insurance Today!

On Tuesday, December 10th, the House Insurance Committee will hold a public hearing on SB 58, a bill to prohibit the state from requiring fees or firearms liability insurance for the possession of firearms. Please use the ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.