The U.S. Supreme Court on Thursday revived the National Rifle Association's lawsuit accusing a New York state official of coercing banks and insurers to avoid doing business with the gun rights group in a ruling that warned public officials against wielding their power to punish speech they dislike.
The NRA accused Vullo of unlawfully retaliating against it for its constitutionally protected gun rights advocacy by targeting it with an "implicit censorship regime" following a 2018 mass shooting in which 17 people were killed at a high school in Parkland, Florida.
"Ultimately, the critical takeaway is that the First Amendment prohibits government officials from wielding their power selectively to punish or suppress speech, directly or, as alleged here, through private intermediaries," Sotomayor wrote.
David Cole, a lawyer with the American Civil Liberties Union advocacy group that represented the NRA, said the ruling "confirms that government officials have no business using their regulatory authority to blacklist disfavored political groups."
Vullo was sued in both her official and personal capacities. But the 2nd Circuit found that Vullo would be protected from suit under the legal defense of qualified immunity that shields officials from civil litigation in certain circumstances.
The NRA found an unlikely ally in the case in President Joe Biden's administration. Even though Biden has called gun violence a national embarrassment, his administration had urged the justices to let the NRA pursue its lawsuit.
