Supreme Court Urged to Address SEC's Controversial Gag Rule
NCLA Reply Brief Explains Why Supreme Court Must Still Hear SEC Gag Rule First Amendment Case
BenzingaImage: Benzinga
The New Civil Liberties Alliance has filed a reply brief urging the Supreme Court to hear the case Powell, et al. v. Securities and Exchange Commission regarding the constitutionality of the SEC's 50-year Gag Rule, which restricts individuals from publicly criticizing their cases after settlement. Despite the SEC's recent repeal of the rule, concerns remain about its potential reinstatement.
- 01The SEC's Gag Rule prevented individuals from publicly criticizing their cases for life after settlement.
- 02NCLA argues that the SEC's repeal of the Gag Rule is a tactic to avoid Supreme Court review.
- 03The SEC still maintains that the Gag Rule was constitutional, raising concerns about future enforcement.
- 04Thousands of individuals remain under court orders from the Gag Rule era, risking punishment for speaking out.
- 05NCLA has been fighting against the Gag Rule for eight years, achieving its repeal but seeking a definitive Supreme Court ruling.
Advertisement
In-Article Ad
The New Civil Liberties Alliance (NCLA) has submitted a reply brief to the Supreme Court, urging it to hear the case Powell, et al. v. Securities and Exchange Commission (SEC), which challenges the constitutionality of the SEC's 50-year Gag Rule. This rule prohibited individuals who settled enforcement cases with the SEC from publicly criticizing their cases for life. Although the SEC rescinded the Gag Rule recently, NCLA argues that this action is a strategic move to evade Supreme Court scrutiny while still asserting that the Gag Rule was constitutional. The organization highlights that many individuals remain under court orders from the Gag Rule era, facing potential penalties for their speech. NCLA's leadership emphasizes the need for a Supreme Court ruling to prevent future administrations from reinstating the Gag Rule and to protect First Amendment rights. They assert that the SEC's claims of not enforcing the Gag Rule do not provide sufficient assurance against its revival. NCLA seeks to eliminate the chilling effect on free speech that the Gag Rule imposed on thousands of Americans.
Advertisement
In-Article Ad
The Supreme Court's decision could significantly affect the rights of individuals involved in regulatory settlements with the SEC.
Advertisement
In-Article Ad
Reader Poll
Should the Supreme Court rule on the constitutionality of the SEC's former Gag Rule?
Connecting to poll...
Read the original article
Visit the source for the complete story.
&w=1200&q=75)



