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The Supreme Court could create a loophole in the First Amendment’s protections from government censorship.

On January 9th, 2024, the American Civil Liberties Union filed its opening brief on behalf of the National Rifle Association (NRA) in National Rifle Association v. Vullo, a key First Amendment case before the Supreme Court this term. The brief argues that a New York state regulator’s attempts to blacklist a nonprofit advocacy group and deny it access to financial services because of its controversial viewpoint violated the First Amendment. This is a critically important First Amendment fight: if government officials can pressure the businesses they regulate to blacklist the NRA in New York, then officials in other states can punish other advocacy organizations in the same way–including the ACLU itself.