By Dave Workman
Editor-in-Chief
A trio of civil rights organizations and a coalition of 23 state attorneys general have filed amicus briefs with the U.S. Supreme Court in support of a federal lawsuit brought by the National Rifle Association against Maria Vullo, former Superintendent of the New York State Department of Financial Services, alleging she “misused the power of her office to hamper their advocacy activities by discouraging financial institutions from doing business with the organization,” according to a news release.
The Second Amendment Foundation, John Locke Foundation and Independence Institute filed one of the briefs. They are represented by attorneys Joseph G.S. Greenlee of McCall, Idaho, David Kopel of Denver, Colo., and Jonathan D. Guze of Raleigh, N.C. The case is known as NRA v. Vullo.
It is an interesting case of Second Amendment stalwarts weighing in on a First Amendment issue.
The SAF amicus brief may be read here.
The AG coalition, led by Montana Attorney General Austin Knudsen, is joined by the Arizona Legislature. In their brief, the state legal officers—all Republicans—write, “Rather than overemphasizing explicit threats, this Court should reaffirm Bantam Books’ contextual inquiry, which focuses on the defendants’ actual or apparent regulatory authority over the targeted entity, the language used in the alleged threat, and whether the targeted entity reasonably perceived the statement as a threat.”
Their brief may be read here.
“In our brief,” said SAF founder and Executive Vice President Alan M. Gottlieb, “we point to Vullo’s abuse of governmental authority to punish the NRA for its lawful advocacy efforts. SAF has experienced similar abuse by government agencies, which have tried to use their power to block our free speech, and it is unconscionable. This is why we felt it necessary to file this amicus, and we’re delighted to be joined by the John Locke Foundation and Independence Institute.”
Gottlieb was joined by SAF Executive Director Adam Kraut, who observed, “What happened in New York is very much like efforts by southern states to suppress the activities of the NAACP 60 years ago. In both instances, state government officials used the power of their agencies to stifle and penalize rights secured under the First and Second Amendments. In this case, New York attempted to cause financial ruin to the NRA because Vullo, and then-Gov. Andrew Cuomo, harbor considerable animus toward NRA and its members.”
Meanwhile, AG Knudsen issued a statement: “Free speech is one of the greatest privileges we have as Americans. No organization should be financially impacted because of political disagreements with government officials. Using mafia-style tactics, anti-gun government officials in New York have trampled on that right by threatening companies for doing business with organizations that defend our right to keep and bear arms. No official should have that power – it’s a blatant violation of the First Amendment. The Supreme Court should make the right decision and overturn the lower court’s ruling.”
According to an announcement from Knudsen’s office in Helena, Vullo had regulatory authority over financial institutions in the state. She “engaged in a politically motivated campaign against the financial institutions doing business with the NRA but steered clear of any explicit threats.”
“But the financial institutions got the message to ‘drop the NRA or else,’” the attorneys general wrote.
In addition to Knudsen, the coalition consists of attorneys general from Alabama, Alaska, Arkansas, Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Missouri, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia, West Virginia, and Wyoming. They are joined by Warren Peterson, president of the Arizona State Senate, and Ben Toma, speaker of the Arizona House of Representatives.
