The U.S. Supreme Court Thursday overturned a federal appeals court ruling that dismissed a National Rifle Association suit accusing former New York State Department of Financial Services Superintendent Maria T. Vullo of violating the First Amendment in connection with her investigation into the gun advocacy group’s relationship with insurers and a broker.
The court unanimously decided in National Rifle Association v. Maria T. Vullo that the NRA “plausibly alleged” that Ms. Vullo violated the First Amendment by coercing insurance companies such as Chubb Ltd and syndicates at Lloyd’s of London to end their business dealings with the organization as a way to punish or suppress gun advocacy.
“A government official can share her views freely and criticize particular beliefs, and she can do so forcefully in the hopes of persuading others to follow her lead. In doing so, she can rely on the merits and force of her ideas, the strength of her convictions, and her ability to inspire others. What she cannot do, however, is use the power of the State to punish or suppress disfavored expression,” Justice Sonia Sotomayor wrote.
In a statement, NRA President Bob Barr said the ruling is “a historic moment” for the group in “its stand against governmental overreach.”
“This is a landmark victory for the NRA and all who care about our First Amendment freedom,” New York-based attorney William A. Brewer III of Brewer, Attorneys & Counselors, who represents the NRA, said in a statement.
Ms. Vullo launched an investigation in October 2017 into Carry Guard, an NRA-branded insurance program. The program’s policies were administered by Lockton Cos. LLC and underwritten by Chubb and insurers at Lloyd’s. The investigation ultimately led to a $7 million settlement between the agency and Lockton in May 2018 and a $1.3 million settlement with Chubb, court records show.
In addition, Lloyd’s decided in May 2018 to terminate its insurance-related relationship with the Fairfax, Virginia-based gun rights advocacy group.
Later that month, the NRA sued Ms. Vullo, her successor, Linda A. Lacewell, the New York State Department of Financial Services and then-New York Gov. Andrew Cuomo in federal court in Albany, N.Y., in 2018 for alleged violation of the First Amendment.
In March 2021, the trial judge refused to dismiss the entire suit, finding that the group could pursue two of its First Amendment claims against Ms. Vullo.
A 2nd U.S. Circuit Court of Appeals panel reversed the decision in September 2022, ruling that Ms. Vullo was “doing her job in good faith.”
The NRA sought review from the U.S. Supreme Court in February 2023, and the justices agreed to take the case in November 2023.
U.S. Supreme Court Justices Neil Gorsuch and Kentaji Brown Jackson also authored concurring opinions.
The DFS declined to comment.
Representatives for Ms. Vullo did not respond to a request for comment.
