On May 11, 2018, over six years ago, the National Rifle Association (NRA) filed a lawsuit in federal court alleging the Government of New York violated the organization’s First Amendment rights by coercing third parties, particularly insurance companies and banks, to cease to do business with the NRA. The government officials explicitly stated their dislike of the advocacy of the NRA to promote gun ownership and the Second Amendment. The opinion was issued on May 30, 2024.  The ruling was expected, as explained in a previous AmmoLand article.

The case was relatively clear. Government officials Andrew Cuomo (Governor) and Maria Vullo (Superintendent of the New York State (NYS) Department of Financial Services) had made on the record statements to regulated entities to the effect that if they continued to do business with the NRA, the regulatory power of NYS would be used to punish them. The case was so egregious the American Civil Liberties Union (ACLU), long an opponent of the NRA and the Second Amendment, filed an amicus brief in favor of the NRA.  The New York district court found Vullo had misused her power. The Court of Appeals for the Second Circuit sided with the New York State Government.

The Supreme Court decided to hear the case. Oral arguments were heard on March 18, 2024. The Supreme Court issued its ruling on May 30, 2024. It was a unanimous opinion, 9-0, in favor of the NRA and the First Amendment.

Justice Sotomayor wrote the majority opinion. Justice Gorsuch and Justice Jackson both wrote concurring opinions. From the Majority opinion by Justice Sotomayor:

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. Ban-tam Books, Inc. v. Sullivan, 372 U. S. 58, 67 (1963). 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. As superintendent of the New York Department of Financial Services,Vullo allegedly pressured regulated entities to help her stifle the NRA’s pro-gun advocacy by threatening enforcement actions against those entities that refused to disassociate from the NRA and other gun-promotion advocacy groups. Those allegations, if true, state a First Amendment claim.

The concurring opinions of Justice Gorsuch and Justice Jackson appear at odds. Justice Gorsuch’s concurring opinion indicates the First Amendment should be strongly protected. The concurring opinion by Justice Jackson seems to urge courts to be much more limited in their protections of First Amendment rights.

Attorney General for the State of Montana, Austin Knudsen, filed an amicus brief in support of the NRA’s case, released this statement after the Supreme Court’s decision:

“The Supreme Court made the right decision today in protecting one of the greatest privileges we have as Americans: free speech. The Justices unanimously affirmed what we already knew, elected officials cannot use their authority to financially cripple or stifle their political opponents’ First Amendment rights. As attorney general, I will continue to fight for the rights of Montanans and all Americans.”

With this unanimous ruling issued by the Supreme Court, the case has been remanded back to the District Court in New York for further proceedings.  It is unclear what the results of the case will be.

This is a strong ruling for the First Amendment and the NRA. How the District court rules on the issue will be very important. The Court could hold New York officials personally responsible for their conduct. If such a ruling were issued, it would be a strong indication future courts will not allow such egregious violations of First Amendment rights.

About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.