A unanimous Supreme Court found that the First Amendment exists even in New York, even when the government hates what you have to say. As unbelievable as it sounds, Justice Sonia Sotomayor wrote the opinion stating, "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." //

The NRA appealed because if the Second Circuit's ruling prevailed, the First Amendment basically ceased to exist. Even the ACLU recognized the danger and represented the NRA.

This decision is a clear victory for the First Amendment and for the NRA. The case is headed back for trial in district court, and given this decision and Sotomayor's reasoning (yes, it's scary to write that), it will be difficult for Vullo to evade what happens next. The only rathole available to her is a claim of "qualified immunity." Sotomayor told the Second Circuit to determine if Vullo was eligible, but the original district court ruling and a footnote in Sotomayor's opinion cast a lot of doubt on that claim.