WASHINGTON—Today, the Institute for Justice (IJ) submitted an amicus brief in NRA v. Vullo. The brief asks the United States Supreme Court to hear the case and urges the Justices to overturn a lower court ruling granting qualified immunity to a New York State official who coerced banks to cut ties with the National Rifle Association (NRA) because of its speech and advocacy.  

“Qualified immunity is often discussed when it comes to issues of police brutality, but the reality is that this doctrine blocks people from getting justice for all sorts of constitutional violations, including violations of the First Amendment,” said IJ Senior Attorney Patrick Jaicomo. “We hope the Justices see this case as an opportunity to, at the very least, begin curtailing qualified immunity.”    

In 2017, former New York State Department of Financial Services Superintendent Maria Vullo issued guidance to banks and insurance companies, telling them to cut relations with the NRA and other gun groups. In response, the NRA sued, arguing that Vullo’s actions to coerce private companies to cut ties with the NRA over their gun rights advocacy violated the First Amendment.  In 2023, that case made its way to the Supreme Court and the Justices unanimously ruled Vullo’s actions violated the First Amendment. However, when the case returned to the 2nd U.S. Circuit Court of Appeals, the court granted Vullo qualified immunity—a court-created legal protection that shields government officials from accountability when they violate people’s constitutional rights.  

“The Supreme Court has already ruled what Vullo did is unconstitutional, so there is simply no reason she should be shielded from accountability,” said IJ Senior Attorney Anya Bidwell. “If someone’s constitutional rights have been violated, there must be a remedy, but too often, qualified immunity means there is none.” 

When this case was originally argued at the Supreme Court, IJ argued a similar First Amendment retaliation lawsuit, Gonzalez v. Trevino, the following week. In Gonzalez, the Supreme Court also ruled that Americans’ First Amendment rights are violated when they are arrested in retaliation for their speech. 

In addition to Gonzalez, through its Project on Immunity and Accountability, IJ has become the nation’s leader in challenging the legal immunities other obstacles that prevent Americans from seeking justice when their rights are violated. In the realm of First Amendment retaliation, IJ represents an Alabama newspaper that was raided by police for its reporting, a citizen who was arrested at a city council meeting for calling out the hypocrisy of the mayor, and a Virginia food truck that was shuttered by town officials after the owners spoke out against a proposed ban on food trucks.