Show Notes - National Rifle Assoc. v. Vullo
Show Notes - National Rifle Assoc. v. Vullo
Description
Episode #80
In October 2017, following a referral from the New York County District Attorney's Office, the New York State Department of Financial Services (DFS), under the leadership of Maria T. Vullo, initiated an investigation into NRA-endorsed insurance programs suspected of violating New York law. This scrutiny resulted in three insurance companies acknowledging their fault through consent decrees in 2018. Concurrently, after the Parkland school shooting, Vullo issued guidance and statements encouraging banks and insurers to assess and potentially end their affiliations with gun promotion organizations like the NRA, citing reputational risks. The fallout led to several firms cutting ties with the NRA, prompting the association to file a lawsuit against Vullo and other state officials, asserting violations of its free speech and equal protection rights.
The district court dismissed most of the claims but allowed the First Amendment allegations against Vullo to proceed, citing unresolved factual questions about her qualified immunity. On appeal, the U.S. Court of Appeals for the Second Circuit reversed. The appellate court reasoned that while the First Amendment protects against the abridgment of free speech by government officials, these officials also have the responsibility to address public concerns. Here, the NRA failed to show that Vullo’s conduct sought to coerce, rather than merely to convince. Furthermore, even if her actions were coercive, Vullo’s conduct as a regulator and public official did not infringe upon any clearly established law, as she appeared to act reasonably and in good faith in performing her duties.1
Today on Legalese we will briefly review the facts of the case, the procedural history and the question presented, then spend the remainder doing a deep dive into the merits of the case and a comprehensive breakdown of the oral arguments that came before the court Monday March 18th, 2024 including select clips of the key moments during the hearings as well as my own analysis of the possible outcomes of the case and my prediction of the most likely outcome.
Links
NRA v. Vullo, Docket No. 22-842
Lower Courts
Nat'l Rifle Ass'n of Am. v. Cuomo, 350 F. Supp. 3d 94 (N.D.N.Y. 2018)
Nat'l Rifle Ass'n of Am. v. Vullo, 49 F.4th 700 (2d Cir. 2022)
Other Resources
Bob Fiedler, All Gun Control Is Racist, Libertarian Institute (July 21, 2021)
Jennesa Calvo-Friedman, New York's Coercion of Private Companies to Blacklist the NRA Has a Long and Dark History, ACLU
Past Episodes
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National Rifle Association of America v. Vullo. (n.d.). Oyez. Retrieved March 26, 2024, from https://www.oyez.org/cases/2023/22-842