Reference no: EM133813473

Question

Although issuing a dissenting opinion is the "only judicial task of lasting import" that a single judge or justice can "embark upon alone," dissents are not legally binding authority and must be based on some information, reasoning, or legal analysis that was rejected by the majority (Zekri, 2020). The U.S. Court of Appeals for the Second Circuit overturned the district court's decision in the case of National Rifle Association of America v. Vullo, which dismissed the majority of the claims but permitted the First Amendment allegations against Vullo to proceed due to unresolved factual questions regarding her qualified immunity (Zekri, 2020). The appellate court reasoned that although government officials are prohibited from restricting free speech by the First Amendment, they also have an obligation to address public concerns (Zekri, 2020).Since a court must presume that the NRA's factual claims were true at this preliminary (motion to dismiss) stage of the case, Vullo's claims that she was only acting in the capacity of legitimate enforcement and government speech were dismissed (National Rifle Association of America V. Vullo, n.d.).