Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

NRA Files Amicus Brief in Case Attempting to Punish Firearm Manufacturers for Pro-Second Amendment Social Media Posts

Wednesday, January 15, 2025

NRA Files Amicus Brief in Case Attempting to Punish Firearm Manufacturers for Pro-Second Amendment Social Media Posts

Yesterday, NRA filed an amicus brief supporting firearm manufacturers in a case where the plaintiffs allege that the manufacturers’ pro-Second Amendment social media posts caused a third party to commit a horrific public shooting.

The firearm manufacturers regularly post pro-Second Amendment content on social media. These posts often contain imagery of firearms, individuals in military gear, and tactical equipment, and express support for the right to keep and bear arms.

After an individual used various firearms—some of which were manufactured by the defendants in this case—in a crime, the plaintiffs filed a lawsuit claiming that the manufacturers’ social media posts influenced the shooter to act.

NRA’s brief focuses on certain First Amendment aspects of the case. The plaintiffs claim, in essence, that the manufacturers’ social media posts are not protected by the First Amendment because they are either (1) commercial speech or (2) incitement to violence. NRA’s brief explains that the social media posts are not commercial speech because their primary purpose is to advocate for the Second Amendment, not to facilitate a commercial transaction. And either way, the plaintiffs’ attempt to censor the posts is viewpoint discrimination based on the pro-Second Amendment views expressed in their posts, which presumptively violates the First Amendment.

Moreover, the manufacturers’ posts did not incite the shooter to commit violence. There is nothing sinister about the militaristic imagery in the posts. Rather, there has always been a synergistic connection between military, law enforcement, and the right to keep and bear arms.

At its core, this is a case where the plaintiffs are trying to censor the manufacturers because they disagree with their message. But the manufacturers have a right to speak (or post) in support of the Second Amendment, and the plaintiffs cannot violate the First Amendment to stop them from doing so.

The case, Lowy v. Daniel Defense, is currently before the Fourth Circuit Court of Appeals.

Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights.

TRENDING NOW
NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

News  

Second Amendment  

Friday, February 7, 2025

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

Today, the White House announced a new Executive Order to protect and expand the Second Amendment rights of all law-abiding Americans. This is the first action taken by President Donald J. Trump to carry through ...

CMP Resumes 1911 Pistol Sales, Offers Streamline Process and Incentives

News  

Monday, February 3, 2025

CMP Resumes 1911 Pistol Sales, Offers Streamline Process and Incentives

One day before Donald Trump was inaugurated as the 47th President of the United States, he held a Make America Great Again rally in Washington, D.C., where he spoke to more than 20,000 energized supporters ...

The Hearing Protection Act Introduced in the 119th Congress

News  

Wednesday, February 5, 2025

The Hearing Protection Act Introduced in the 119th Congress

U.S. Representative Ben Cline (R-VA-06) and U.S. Senator Mike Crapo (R-ID) recently reintroduced the Hearing Protection Act (H.R. 404/S. 364) in the 119th Congress. This commonsense legislation will give gun owners and hunters the opportunity to ...

NFA Prosecution Shows ATF Still Determined to Imprison Americans for Braced Pistols

News  

Monday, February 10, 2025

NFA Prosecution Shows ATF Still Determined to Imprison Americans for Braced Pistols

Documents filed in an ongoing prosecution for illegal possession of a short-barreled rifle are raising new concerns about ATF’s enforcement policy concerning pistols with attached stabilizing braces. 

Going, Going… Gone? Privacy and Gun Owner Data Security in California

News  

Monday, February 10, 2025

Going, Going… Gone? Privacy and Gun Owner Data Security in California

Where does privacy go to die? For gun owners and concealed carry applicants and permit holders in the Golden State, the answer must surely be California.

DNC Goes All-In on Gun Control

News  

Monday, February 10, 2025

DNC Goes All-In on Gun Control

A couple weeks ago, we wrote about anti-gun activist David Hogg campaigning to be a Vice Chair for the Democratic National Committee (DNC).  We (somewhat) jokingly endorsed his candidacy, as it would make abundantly clear that ...

Colorado: Senate Delays Vote on Semi-Auto Ban A Second Time

Friday, February 7, 2025

Colorado: Senate Delays Vote on Semi-Auto Ban A Second Time

For the second week in a row, the State Senate has postponed the floor vote for Senate Bill 25-003, the near all-encompassing semi-automatic ban

New Mexico: Anti-Gun Extremists Introduce Sweeping Gun Ban

Wednesday, February 5, 2025

New Mexico: Anti-Gun Extremists Introduce Sweeping Gun Ban

As they have tried in the past, anti-gun radicals in the New Mexico Senate have introduced Senate Bill 279, the "GOSAFE Act," a near all-encompassing ban on semi-automatic and NFA firearms.

Legislation Introduced to Protect Veterans’ Second Amendment Rights

News  

Friday, February 7, 2025

Legislation Introduced to Protect Veterans’ Second Amendment Rights

The Chairmen of the House and Senate Committees on Veterans’ Affairs, U.S. Representative Mike Bost (R-IL-12) and Senator Jerry Moran (R-KS), as well as Senator John Kennedy (R-LA), have reintroduced the Veterans 2nd Amendment Protection Act ...

FIND Act Introduced in the 119th Congress

News  

Friday, February 7, 2025

FIND Act Introduced in the 119th Congress

U.S. Representative Jack Bergman (R-MI-01) recently reintroduced H.R. 45, the Firearm Industry Non-Discrimination Act (FIND Act). U.S. Senator Steve Daines (R-MT) also introduced a companion bill in the U.S. Senate (S. 137). This important legislation would ...

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.