National Rifle Association of America v. Vullo
Issues
Does a government regulator violate the First Amendment when the regulator threatens companies with regulatory action for doing business with a party because the regulator disagrees with that party’s viewpoints?
This case asks the Supreme Court to determine whether a government regulator violates the First Amendment when the regulator threatens companies with regulatory action for doing business with a party because the regulator disagrees with that party’s viewpoints. In 2018, New York State Department of Financial Services (“DFS”) Superintendent Maria Vullo asked financial institutions, in response to the Parkland school shooting, to reconsider their business with the National Rifle Association (“NRA”). The NRA argues that these communications constitute impermissible coercion designed to stifle its freedom of speech under the First Amendment. Vullo contends that such communications are protected government speech and essential to her job as a regulator. The outcome of this case has important ramifications for free speech, state officials’ ability to regulate, and the right to bear arms.
Questions as Framed for the Court by the Parties
Whether the First Amendment allows a government regulator to threaten regulated entities with adverse regulatory actions if they do business with a controversial speaker, as a consequence of (a) the government’s own hostility to the speaker’s viewpoint or (b) a perceived “general backlash” against the speaker’s advocacy.
In October 2017, the New York State Department of Financial Services (“DFS”) opened an investigation into the legality of certain insurance programs endorsed by the National Rifle Association of America (“NRA”). National Rifle Association of America v. Vullo at 3.
Additional Resources
- Adam Liptak, Supreme Court to Hear N.R.A.’s Free Speech Case Against New York Official, New York Times (November 3, 2023).
- Lawrence Hurley, Supreme Court takes up NRA coercion claim against former New York official, NBC News (November 3, 2023).