The National Rifle Association (NRA), the American Civil Liberties Union (ACLU), and nine U.S. Supreme Court justices from five presidential administrations all have something in common. This was evident when the Court unanimously ruled that a New York government official violated the First Amendment by pressuring insurers and banks to cut ties with the NRA, represented by the ACLU.
The decision revives the NRA’s lawsuit against Maria Vullo, the former head of New York’s Department of Financial Services (DFS), after the U.S. Court of Appeals for the 2nd Circuit had ruled in her favor.
The case revolves around Vullo’s actions following the 2018 shooting at Marjory Stoneman Douglas High School in Parkland, Florida. She allegedly pressured insurance companies to take action against groups supporting the NRA.
Vullo also sent letters to insurers and banks, urging them to evaluate their relationships with the NRA and take actions to manage risks. She and then-Gov. Andrew Cuomo even urged companies to terminate their ties with the NRA.
The Court’s ruling in NRA v. Vullo unanimously concluded that Vullo’s alleged actions crossed the line into coercion, violating the First Amendment. Justice Sonia Sotomayor stated that government officials cannot coerce private parties to suppress views they dislike.
The case now returns to the 2nd Circuit, which may still grant Vullo qualified immunity. However, the use of government power to suppress disfavored advocacy is a clear violation of the Constitution.
While the NRA and ACLU may have different ideological backgrounds, their collaboration in this case highlights the non-partisan nature of the First Amendment.
