WASHINGTON D.C. Independent Women’s Law Center and a coalition of 52 other amici filed an amicus brief in NRA v. Vullo, urging the U.S. Supreme Court to hear the case. The brief urges the Court to reaffirm that government officials cannot use their regulatory power to pressure private institutions into cutting ties with groups whose viewpoints they dislike.

The coalition’s brief argues that former New York Governor Andrew Cuomo and former Department of Financial Services Superintendent Maria Vullo violated the First Amendment by coercing banks and insurers to distance themselves from the NRA based on its political advocacy. The brief warns that allowing such conduct would give government officials a dangerous tool for silencing disfavored organizations.

“The First Amendment prohibits the government from weaponizing its authority to punish advocacy it disagrees with,” said Beth Parlato, senior legal counsel for Independent Women’s Law Center. “If state officials can threaten businesses behind closed doors to isolate organizations they oppose, then no group is safe. The Constitution does not permit the government to achieve indirectly what it cannot do directly.”

Last year, the Supreme Court unanimously ruled that Vullo violated the NRA’s First Amendment rights. Nonetheless, the Second Circuit on remand held that Vullo was entitled to qualified immunity. The NRA is asking the Court to hear its case once again and uphold the organization’s First Amendment rights.  

View amicus brief here.

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