Sign Up

NCLA Site Search

Amicus Briefs

NRA v. Vullo

CASE SUMMARY

NCLA filed an amicus curiae brief in NRA v. Vullo calling on the U.S. Supreme Court to determine that the National Rifle Association plausibly accused New York Department of Financial Services Superintendent Maria Vullo of violating its rights to free speech and association. Vullo issued statements effectively threatening to punish banks and insurance companies via regulatory action if they continued doing business with the NRA based on its pro-Second Amendment views, a clear First Amendment violation that must not stand.

The U.S. Court of Appeals for the Second Circuit held that Vullo did not “coerce” the banks and insurance companies to end their relationships with the organization. The Second Circuit reached this conclusion by employing a four-factor test to decide whether Vullo’s actions amounted to “coercion” under the First Amendment. However, the proper approach would be to determine whether Vullo “abridged” the NRA’s First Amendment free speech and association rights—as she certainly did—not whether coercion occurred. The First Amendment forbids abridging these foundational freedoms.

In May 2024, the Supreme Court unamimously ruled that NRA plausibly accused Vullo of violating its First Amendment rights, a victory for NCLA.

OUR TEAM

Mark Chenoweth
President and Chief Legal Officer
Jenin Younes
Litigation Counsel
Philip Hamburger
Chief Executive Officer
Kaitlyn Schiraldi
Staff Attorney
Margot Cleveland
Of Counsel

RELEVANT MATERIALS

NCLA FILINGS

Decision of the U.S. Supreme Court

May 30, 2024 | Read More

Brief Amicus Curiae of fhe New Civil Liberties Alliance in Support of the Petitioner

January 16, 2024 | Read More

PRESS RELEASES

Seven Supreme Court Victories Underscore NCLA’s Success in Limiting Unlawful Administrative Power

August 19, 2024 | Read More

In NCLA Amicus Win, Supreme Court Revives NRA’s First Amendment Lawsuit Against NY Official

May 30, 2024 | Read More

NCLA Amicus Brief Asks Supreme Court to Apply Proper First Amendment Standard in NRA Case

January 16, 2024 | Read More

IN THE MEDIA

Is There Any Remedy When You’re Censored?

February 29, 2024

RELATED CASES
  • American Securities Association and Citadel Securities LLC v. United States Securities and Exchange Commission

    Due Process Violations

    The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.

    Scope of Authority / Nondelegation

    The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.

    Administrative Speech Controls

    The Administrative State tries to squelch speech, especially through licensing, speech bans, and speech mandates. Licensing requires one to get the government’s permission prior to speaking. Nothing was more clearly forbidden by the First Amendment than prior restraints on speech, but such controls are now commonplace.

    Unreasonable Searches

    The Fourth Amendment forbids warrantless searches and seizures of information, yet the Administrative State violates this right to privacy through administrative subpoenas and warrants, automated information collection devices, civil investigative demands, and “voluntary” requests for information.

    Conditions on Spending

    Administrative agencies use unconstitutional conditions on spending to regulate the conduct of grantees. Rather than rule through law, the government simply purchases submission.

    Case Active - February 15, 2024

    Agencies: Securities and Exchange Commission

    View Case
  • Americans for Prosperity Foundation v. Rob Bonta, Attorney General of California

    Administrative Speech Controls

    The Administrative State tries to squelch speech, especially through licensing, speech bans, and speech mandates. Licensing requires one to get the government’s permission prior to speaking. Nothing was more clearly forbidden by the First Amendment than prior restraints on speech, but such controls are now commonplace.

    Case Closed - July 1, 2021

    Agencies: California Attorney General

    View Case
  • Mario Cerame, et al. v. Christopher L. Slack, in his official capacity as Connecticut Statewide Bar Counsel, et al.

    Administrative Speech Controls

    The Administrative State tries to squelch speech, especially through licensing, speech bans, and speech mandates. Licensing requires one to get the government’s permission prior to speaking. Nothing was more clearly forbidden by the First Amendment than prior restraints on speech, but such controls are now commonplace.

    Case Active - November 10, 2021

    Agencies: Connecticut Statewide Bar Counsel

    View Case
  • Mark Changizi, et al. v. Department of Health and Human Services, et al.

    Due Process Violations

    The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.

    Scope of Authority / Nondelegation

    The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.

    Administrative Speech Controls

    The Administrative State tries to squelch speech, especially through licensing, speech bans, and speech mandates. Licensing requires one to get the government’s permission prior to speaking. Nothing was more clearly forbidden by the First Amendment than prior restraints on speech, but such controls are now commonplace.

    Case Closed - September 23, 2024

    Agencies: Department of Health and Human Services | Office of Surgeon General

    View Case
  • RMS of Georgia, LLC D/B/A Choice Refrigerants v. U.S. Environmental Protection Agency, et al.

    Scope of Authority / Nondelegation

    The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.

    Administrative Speech Controls

    The Administrative State tries to squelch speech, especially through licensing, speech bans, and speech mandates. Licensing requires one to get the government’s permission prior to speaking. Nothing was more clearly forbidden by the First Amendment than prior restraints on speech, but such controls are now commonplace.

    Case Closed -

    Agencies: Environmental Protection Agency

    View Case
  • RMS of Georgia, LLC D/B/A Choice Refrigerants v. Environmental Protection Agency and Michael S. Regan

    Scope of Authority / Nondelegation

    The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.

    Administrative Speech Controls

    The Administrative State tries to squelch speech, especially through licensing, speech bans, and speech mandates. Licensing requires one to get the government’s permission prior to speaking. Nothing was more clearly forbidden by the First Amendment than prior restraints on speech, but such controls are now commonplace.

    Case Active - September 14, 2023

    Agencies: Environmental Protection Agency

    View Case

SHARE THIS CASE

Enter your email address above to be notified whenever we post a new document to this case.