William (Bill) Brewer Writes for Bloomberg Law on Vullo and First Amendment Advocacy

January 26, 2026 — In a Bloomberg Law commentary, partner William (Bill) Brewer examines why the Supreme Court’s free speech warning in National Rifle Association v. Vullo matters now more than ever. Although the Court unanimously reaffirmed in 2024 that government officials may not use regulatory power to coerce private actors into silencing disfavored speech, the case’s return to the Second Circuit has raised renewed concerns about whether that warning is being meaningfully enforced.

Justice Sonia Sotomayor, writing for a unanimous Court, stated the principle plainly: “The First Amendment prohibits government officials from wielding their power selectively to punish or suppress speech, directly or…through private intermediaries.”

As Brewer writes, “The opinion emphasized that while officials may criticize or attempt to persuade, they cross a constitutional line when they use regulatory authority to pressure others into silencing or economically isolating disfavored speakers.”

The Brewer firm previously served as counsel to the NRA and argued that point in the litigation, helping to shape the Association’s campaign to combat viewpoint discrimination. As the NRA now petitions the Supreme Court to rehear the case, the commentary explores a broader constitutional problem: how clear First Amendment protections can be weakened through procedural decisions on remand, even after a decisive Supreme Court ruling.

Read more here.