January 9, 2024 – The National Rifle Association of America (NRA) filed its opening brief with the U.S. Supreme Court, outlining the legal arguments in its First Amendment case, National Rifle Association of America v. Maria T. Vullo. The case, which is one of the most closely watched First Amendment lawsuits in the nation, was granted certiorari by the Supreme Court in November 2023.
The NRA is represented by Brewer, Attorneys & Counselors partners William A. Brewer III, Sarah B. Rogers, and Noah Peters, along with American Civil Liberties Union (ACLU) National Legal Director David Cole and First Amendment scholar Eugene Volokh.
In its brief, the NRA writes that government officials "may of course express their opinions without violating the First Amendment. If Vullo had written an op-ed criticizing the NRA, she would not have violated the First Amendment. Likewise, had Vullo merely informed regulated entities about the legal requirements pertaining to affinity insurance programs, she would not have violated the First Amendment."
The brief continues, "But Vullo did nothing of the sort. Instead, motivated by her avowed antipathy toward the NRA’s political views, she invoked her unparalleled authority over the trillion-dollar New York financial services industry to coerce banks and insurance companies to blacklist the NRA, offering a blend of threats and inducements expressly designed to penalize the NRA for its political advocacy. That course of conduct violated the First Amendment."
In a May 2018 lawsuit, the NRA alleged that Vullo, at the behest of former New York Governor Andrew Cuomo, took aim at the NRA and conspired to use the regulatory power of the New York Department of Financial Services (DFS) 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 as DFS superintendent were meant to silence the NRA.
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. In early 2023, the NRA petitioned the U.S. Supreme Court, seeking review of the Second Circuit decision. On November 3, 2023, the Court granted review.
“The conduct here is disturbing and unconstitutional,” says Brewer. "There is little question that government officials weaponized the powers of their office to silence the NRA. We are proud to work with the ACLU and others in this moment of truth – defending the NRA and the principles of free speech."
To read more about the NRA's filing, see this article from Law360.