Brewer, Volokh Comment on First Amendment Case

November 26, 2024 – Firm Partner William A. Brewer and First Amendment scholar Eugene Volokh posted an update on the NRA’s First Amendment lawsuit against former New York financial regulator Maria T. Vullo. The report appears on REASON, as a segment of Professor Volokh’s blog, “The Volokh Conspiracy.”

In setting the stage for a successful appeal to the U.S. Supreme Court, the two write, “We were joined by the American Civil Liberties Union (ACLU), as the NRA appealed this ruling to the United States Supreme Court for the NRA. In a rebuke from a unanimous Court, Justice Sonia Sotomayor revived the NRA's claims this past June, emphasizing decades of precedent that "[a] government official cannot coerce a private party to punish or suppress disfavored speech on her behalf." Moreover, the Court said, Vullo's alleged conduct struck at the heart of this prohibition. In light of the Court's guidance on the First Amendment merits of the NRA's allegations, Sotomayor added, the Second Circuit was free to reconsider the issue of qualified immunity, i.e., whether Vullo's alleged violations were such that the NRA should be able to sue her individually for damages.”

Read the report here.

Law360 Names Brewer Firm "Legal Lions of the Week"

June 1, 2024 — Law360 has named Brewer, Attorneys & Counselors one of its "Legal Lions of the Week" after the U.S. Supreme Court unanimously ruled for Brewer client the National Rifle Association of America (NRA) in its First Amendment case against a former New York state regulator.

The recognition noted that the NRA is represented by The NRA is represented by William Brewer III, Sarah Rogers and Noah Peters of Brewer Attorneys & Counselors.

Law360 writes that, “In a unanimous decision, the high court said Thursday that the NRA sufficiently showed that former New York Financial Services Superintendent Maria T. Vullo likely breached the group's First Amendment protections through the collective actions the NRA accused her of taking against banks and insurance agencies affiliated with it.”

Read more here.

National Media Report on Brewer Client NRA Scoring Landmark Supreme Court Victory

May 30, 2024 – Major media outlets are reporting on the unanimous Supreme Court decision finding in favor of the National Rifle Association (NRA) in a First Amendment case in which Brewer, Attorneys & Counselors represented the NRA.

The New York Times reports that Justice Sonia Sotomayor wrote the decision finding that the NRA plausibly claimed a violation of the First Amendment, which now sends the case to the U.S. Court of Appeals for the Second Circuit in New York.

The Hill also reports that the NRA can move forward in its “free speech fight” against Maria Vullo, the former superintendent of the New York Department of Financial Services (DFS), over her encouragement of insurers and banks she regulated to cut ties with the NRA. The Hill reports that the NRA maintains those actions were unconstitutional government coercion.

USA Today reports that the NRA will get another chance to “punish” New York regulators who discouraged insurers and bankers from doing business with the NRA. The article noted that Justice Sotomayor wrote in her decision that, "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.”

CNN reports that the decision will provide clarity to both liberal and conservative regulators about how far they may go in pressuring companies that do business with certain advocacy groups.

“This is a landmark victory for the NRA and all who care about our First Amendment freedom,” William A. Brewer III, counsel to the NRA, said in a statement quoted by CNN. “The opinion confirms what the NRA has known all along: New York government officials abused the power of their office to silence a political enemy.”

New Republic Reports that NRA Appears to “Notch Another Victory” at Supreme Court

March 19, 2024 –New Republic Staff Writer Matt Ford writes that Supreme Court justices appear ready to side with the NRA in its First Amendment case against former New York State Department of Financial Services Superintendent Maria Vullo.

He writes in the article following the Supreme Court arguments in the matter that, "By the end of the arguments, it was clear that whatever uncertain winds were swirling at the outset had shifted decidedly in the NRA’s favor.”

Ford writes that it is “hardly surprising” that the NRA would interpret Vullo’s actions as “unconstitutional threats,” noting that he previously wrote describing former New York Governor Andrew Cuomo’s campaign against the NRA as being blunt and heavy-handed, and Cuomo’s messaging about the NRA as “particularly venomous.” Ford predicted that the former governor’s “overheated rhetoric and ham-fisted tactics will backfire when the court hands down a ruling by the end of June.”

The Brewer firm has represented the NRA on this matter since its inception, advocating alongside First Amendment scholar Eugene Volokh and the ACLU. 

FOX News Reports on NRA’s Argument Before Supreme Court

March 18, 2024 – FOX News reports today on arguments before the U.S. Supreme Court in a leading First Amendment case – NRA v. Vullo.

As reported, “Before the high court is the case National Rifle Association of America v. Vullo, which questions whether a government regulator threatens regulated entities with adverse regulatory actions if they do business with a controversial speaker, allegedly because of the government's own hostility to the speaker's viewpoint, violates the First Amendment.” Oral arguments are set for March 18.

FOX reports, “Dozens of political leaders, lawmakers, scholars and organizations have filed or joined amicus briefs in support of the NRA’s position, including the American Civil Liberties Union (ACLU)…”

"Public officials cannot be allowed to abuse their regulatory powers to blacklist an organization just because they oppose its political views. If New York is allowed to do this to the NRA, it will provide a playbook for other state officials to abuse their authority to target groups they don’t like," said ACLU Legal Director David Cole.

"This case is important to the NRA and all advocacy organizations who rely upon the protections of the First Amendment," says NRA counsel and Brewer Partner William A. Brewer III. "Many groups will benefit when the Court reminds government officials that they cannot use intimidation tactics, backdoor censorship, or regulatory blacklisting to silence those with whom they disagree."

New York Sun Reports on Supreme Court Argument

March 14, 2024 – The New York Sun reports on an upcoming Supreme Court argument in the NRA v. Vullo matter. According to the Sun, an “epic First Amendment clash” surrounds the legal case – filed in 2018 by the NRA against former New York state financial regulator Maria T. Vullo.

According to the article, “The NRA – noting the immense power of New York financial regulators to oversee licensing, impose fines, and launch investigations – contends that the superintendent of the state’s Department of Financial Services, Maria Vullo – under the direction of Governor Cuomo – abused that power by encouraging insurers and banks to blacklist the NRA because of their distaste with the group’s Second Amendment advocacy.”

“If the NRA prevails, it will be positioned to pursue damages against Governor Cuomo, Maria Vullo, NYAG Letitia James, and the State of New York. The message will be loud and clear: the First Amendment belongs to the people, and public officials cannot wield government power to censor, suppress, or bankrupt their political enemies,” NRA’s counsel, William A. Brewer III, tells the Sun.

The case is important to any advocacy organizations that rely on First Amendment protections, he added.

See the report here: The Sun

Fox Reports on “Outpouring of Support” for NRA in SCOTUS Case

January 18, 2024 – Fox News reports that dozens of political leaders, lawmakers, scholars and other organizations have filed or joined amicus briefs at the U.S. Supreme Court in support of the National Rifle Association's (NRA) First Amendment lawsuit against former New York Department of Financial Services (DFS) Superintendent Maria Vullo.

The NRA is represented in the case by Brewer, Attorneys & Counselors, the American Civil Liberties Union (ACLU), and First Amendment scholar Eugene Volokh. 

In a May 2018 lawsuit, the NRA alleged that Vullo conspired to use DFS' regulatory power to “financially blacklist” the NRA – coercing banks and insurers to cut ties with the Association to suppress its pro-Second Amendment speech.

"This support from organizations and scholars across the political divide validates the NRA’s position: New York government officials violated the First Amendment when they weaponized the powers of their office to silence a perceived political enemy. As evidenced in the chorus of voices that emerged, this case is important to not only the NRA but to all who engage in public advocacy," NRA counsel William A. Brewer III told Fox News.

Fox reports that 190 individuals and organizations filed 22 amicus briefs in support of the NRA’s legal battle. One filing, led by Montana Attorney General Austin Knudsen, was joined by 22 other state attorneys general. 

"In their quest to erase the Second Amendment, anti-gun politicians in New York violated the First Amendment rights of the National Rifle Association and its millions of members, using mafia-style tactics to try to silence their voices," Knudsen told Fox.

In addition, Sen. Ted Budd (R-NC) and Rep. Richard Hudson (R-NC) were joined by 81 members of the U.S. Congress in a brief filed earlier this week. 

"The participation of more than 100 federal lawmakers and attorneys general represents a united front against government overreach, emphasizing the need to protect the rights of all Americans. This case extends beyond the NRA; it's about safeguarding the fundamental liberties that form the cornerstone of our democracy," said NRA-ILA Executive Director Randy Kozuch.

Law360 Reports Amicus Brief Filed by the Federal Government in NRA's First Amendment Case Before the Supreme Court

January 17, 2024 – Law360 reports that the federal government filed an amicus brief with the U.S. Supreme Court in connection with the National Rifle Association's (NRA) lawsuit against a former New York state regulator.

The report states that, in the brief, the "federal government said the NRA's allegations concerning the February 2018 meetings that former New York Financial Services Superintendent Maria T. Vullo had with Lloyd's of London provide a 'straightforward basis' for rejecting the Second Circuit's finding that no coercion occurred."

In a May 2018 lawsuit, the NRA alleged that Vullo conspired to use DFS' regulatory power to “financially blacklist” the NRA – coercing banks and insurers to cut ties with the Association to suppress its pro-Second Amendment speech.

"Importantly, the solicitor general recognizes that the actions of defendants alleged in the complaint state a claim that Vullo was attempting to suppress our client's Second Amendment advocacy," William A. Brewer III, counsel for the NRA, told Law360. "The government reaches the same conclusion as many others: the Second Circuit erred in rejecting the association's claims."

Law360 writes that the federal government's filing is "among the roughly two dozen amicus briefs that have been submitted since the NRA filed its opening brief early last week. While a few claim to support neither party, the bulk of the briefs appears to support the NRA's position, such as the one led by Sen. Tedd Budd, R-N.C., and Rep. Richard Hudson, R-N.C., and backed by 17 Senate members and 62 House representatives."