In an op-ed published last fall by Law360, I called out the Securities and Exchange Commission (SEC) for its appalling dereliction of duty in refusing to decide administrative appeals from enforcement sanctions imposed by the agency’s administrative law judges (ALJs). To summarize, more than two years ago the SEC simply stopped deciding those appeals, trapping the beleaguered…

In March 2021, the New Civil Liberties Alliance launched its First Annual King George III Prize, calling out the worst abusers of Americans’ civil liberties. Two years and 96 nominations later, we are nearing the final round of the third installment of what we came to call “The Georgies!” The Georgies?! Are We Serious? While…

Freedom of speech has been placed increasingly at risk as we transition to the neoteric “Age of Information/Misinformation/Disinformation,” dominated by the proliferation of social media platforms, hyperbolic news feeds, and a mounting degree of intolerance for speech that is unpopular, offensive, or counter to what the deciding authorities deem “mainstream.” Indeed, the First Amendment’s guarantee…

Approximately 111.7 million Americans are cyber-attacked each year. More than 80% of all American firms report that they have been successfully hacked, with 43% of those cyber attacks targeting smaller businesses. Those breaches of security grow in frequency, penetration and industry reach with every year that we become more and more dependent upon electronic ways…

When the people of several states presented our Constitution for ratification in 1787, one issue nearly derailed the adoption of the nation’s charter. The Anti-Federalists vehemently objected to the lack of a guarantee for a civil jury in the proposed document. They feared that Congress would be able to undermine or abolish the right altogether.…

Precision Patient Outcomes, Inc. (PPO) and its principal, Margrett Lewis, are being sued in San Francisco by the Federal Trade Commission (FTC) for selling and marketing high-quality dietary supplements and providing consumers with information that the vitamins they contain are thought to strengthen the body’s resistance to disease. NCLA represents PPO and Ms. Lewis in…