National Rifle Association v. Vullo

The National Rifle Association (NRA) (plaintiff) offered various insurance options to its members. Lockton Companies, LLC (Lockton) administered many of these insurance policies, and Lloyd’s of London (Lloyd’s) underwrote many of them. The NRA claimed that Maria Vullo (defendant), the superintendent of the New York Department of Financial Services (DFS) (defendant), met with Lloyd’s and stated that she would ignore minor technical violations of DFS regulations if Lloyd’s ceased its relationship with the NRA. At the meeting, Vullo allegedly tied this promise to her desire to weaken the NRA. Less than two months later, Vullo issued guidance letters to DFS-regulated insurance companies and financial institutions doing business in New York. The letters were entitled “Guidance on Risk Management Relating to the NRA and Similar Gun Promotion Organizations.” The letters encouraged the entities to evaluate and manage their reputational risks related to any relationships they had with the NRA. The same day, Vullo and Governor Cuomo (defendant) issued a press release urging New York insurance companies and financial institutions to follow those entities that had already severed ties with the NRA. Lockton and Lloyd’s severed ties with the NRA. The NRA claimed that Lockton’s chairman told the NRA that it was severing ties to avoid losing its license to do business in New York. The NRA sued Vullo, the DFS, and Cuomo, alleging a violation of the First Amendment. Vullo filed a motion to dismiss. The United States Supreme Court granted certiorari.