FOR THE RECORD

March 17, 2024 – Arguments before the U.S. Supreme Court are set for Monday, March 18, in the NRA v. Maria T. Vullo case. The NRA received support from across the political spectrum – as legal experts, constitutional scholars, and advocacy groups eye one of the most important First Amendment cases in history.
“This case is important to the NRA and all advocacy organizations who rely upon the protections of the First Amendment,” says NRA counsel William A. Brewer III. “Many groups will benefit when the Court reminds government officials that they cannot use intimidation tactics, backdoor censorship, or regulatory blacklisting to silence those with whom they disagree.”
Brewer adds, "Clearly, the NRA suffered financially as a result of the 'blacklisting campaign' undertaken by Vullo at the behest of Governor Cuomo. The NRA will pursue monetary damages – for the damage it sustained.”
"This is the moment of truth for the NRA and its millions of members," says NRA interim EVP & CEO Andrew Arulanandam. "We are honored to be before the Supreme Court – protecting our First Amendment rights to defend the Second Amendment freedom. We will never shrink from the fight to defend the values and freedoms of America."
Background
On November 3, 2023, the U.S. Supreme Court granted cert review of a Second Circuit decision, dated September 2, 2022, that dismissed the NRA’s claims against Vullo, the former head of the New York State Department of Financial Services (DFS), for her role in a 2018 “blacklisting campaign” against the Association.
The NRA argues that Vullo, at the behest of former New York Governor Andrew Cuomo, took aim at the NRA and used DFS's regulatory power to financially blacklist the NRA – coercing banks and insurers to cut ties with the Association in order to suppress its pro-Second Amendment speech. The NRA argues that Vullo’s actions were meant to silence the NRA – using “guidance letters,” backroom threats, and other measures to cause financial institutions to “drop” the Association.
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 – ruling, among other things, that in an era of “enhanced corporate social responsibility,” it was reasonable for New York's financial regulator to warn banks and insurance companies against servicing pro-gun groups based on the “social backlash” against those groups’ advocacy. The court also ruled that Vullo’s guidance was not a directive to the institutions she regulated but rather a mere expression of her political preferences. The Supreme Court has granted cert review of that decision.
Support & Validation
The NRA is receiving a wave of support. Twenty-two amicus briefs representing more than 190 individuals and organizations were filed in support of the NRA’s position, including a filing by several of the nation’s foremost First Amendment scholars. The amicus briefs also include a joint filing by dozens of congressional Republicans and filings by 25 state attorneys general.
The NRA is represented by Brewer, the ACLU, and First Amendment scholar Eugene Volokh.