In NRA v. Vullo, released May 30, 2024, a 9-0 Supreme Court has ruled that the NRA plausibly alleged that a New York official violated the First Amendment by coercing regulated entities to terminate their business relationships with the NRA in order to punish or suppress gun-promotion advocacy, with which the official disagreed.
The Opinion begins with its holding: “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. Bantam 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.” In this case, the Superintendent of the New York Department of Financial Services allegedly threatened banks and insurance companies with financial and regulatory repercussions if they did business with the NRA. The Appellate Court had thrown out the NRA’s claim that New York’s actions violated its First Amendment rights, but the Supreme Court has now revived it. There will be other issues to sort through, such as the existence of damages and legal immunity, but this is an important decision affirming that government may not – even indirectly – use a bully pulpit to suppress free speech, especially of the political type.
The First Amendment Lawyer’s Association, of which attorney David Sigale has been a member, co-submitted an amicus brief in support of the NRA’s free speech claims.
The Law Firm of David G. Sigale, P.C. was founded to serve the legal needs of the Chicago metropolitan area. Mr. Sigale has counseled and represented corporate and individual clients across the United States and internationally. He believes in protecting Americans from improper attempts by the government to infringe upon their constitutional rights. His firm services clients in Cook, DuPage, Kane, Kendall and Will Counties, and as well as reviews matters in other locations on a case-by-case basis. Contact the firm for a consultation.
