Even the NRA Deserves First Amendment Rights

Thursday’s unanimous decision by the US Supreme Court in National Rifle Association v. Vullo represents a needed breath of fresh air in a First Amendment atmosphere that has lately been heavy with suffocating arguments for punishing speech. Moreover, the fascinating concurrence by Justice Ketanji Brown Jackson offer hints about the big social media cases everyone is awaiting.

First, as to Vullo itself. The tale is quickly told. The NRA sued Maria Vullo — then the head of New York’s Department of Financial Services — for allegedly violating the organization’s First Amendment rights. In particular, the group claimed that Vullo had used her power to pressure financial firms not to administer or underwrite insurance policies the NRA offered to its members. According to the complaint, Vullo took this action because she disagreed with the NRA’s politics.