The National ACLU agreed to represent the National Rifle Association (NRA) in challenging actions by the New York State Superintendent of Financial Services to pressure banks and insurance companies to stop doing business with the NRA and other “gun promotion” organizations. The facts of the case, if accurate, would raise significant free speech concerns. At a time when authoritarianism is on the rise and right-wing politicians are bent on exacting retribution from their opponents, the Supreme Court decision in this case could set an important precedent.
Nonetheless, the ACLU of New Mexico opposes the decision to represent the NRA. By promoting hate, fear and the proliferation of firearms, the NRA inspires many of the civil rights atrocities that the ACLU of New Mexico battles day and night. In our estimation, the cost of aiding such a harmful organization outweighs the benefit of leading a free speech lawsuit, even before the U.S. Supreme Court. Indeed, in our estimation, the prevalence of firearms made possible by the NRA’s advocacy poses its own threat to free speech.
The NRA does not need the ACLU’s help. It is powerful, well-resourced, and capable of recruiting the most skilled lawyers to its cause.
The ACLU of New Mexico reserves its help for people who most need it. As our bylaws state, “We work to make justice, liberty and equity realities for all people in New Mexico, with particular attention to the rights of people and groups that have historically been disenfranchised.”
The NRA does not need the ACLU’s help. It is powerful, well-resourced, and capable of recruiting the most skilled lawyers to its cause. Indeed, according to the New York Times, a “prominent First Amendment scholar” represented the organization before the National ACLU stepped in.
Finally, the ACLU of New Mexico reserves the right to withhold legal representation from people and groups that have a history of violence or promoting violence. While the NRA may not explicitly advocate violence in its mission, policies, and official statements, its unrelenting advocacy for access to firearms of virtually any power and capacity have made possible untold misery and death in our communities. Here in New Mexico, where we suffer from some of the highest rates of gun violence in the nation, those effects hit communities of color, LGBTQ+ communities, women and young people hardest of all.
At a time when authoritarianism is on the rise and right-wing politicians are bent on exacting retribution from their opponents, the Supreme Court decision in this case could set an important precedent.
We do not dispute the merits of the NRA’s case or the possibility that it would set an important legal precedent. Throughout our organization’s history, the ACLU of New Mexico has often advocated for people and groups that were scorned even by our own members. However, the ACLU of New Mexico cannot support this case and remain true to its bylaws and values.
