NCLA Site Search

A Full Court Press on the SEC Gag Rule

April 24, 2024

When the SEC charges Americans, it issues inflammatory press releases setting out a litany of misdeeds and fraud. While these are just allegations, these alarming releases instantly destroy lives, reputations and future occupations. Imagine that these charges are untrue or that the government cannot carry its burden on what prove to be novel and untested theories of liability unheard of at law. BUT, a successful defense will cost you millions and many years of your life—against an agency that can outlast and outspend you.

Faced with this prospect of spending millions in defense of a protracted proceeding with the cards stacked against you, you throw the towel in and settle—only to learn that SEC imposes a gag that forbids you from ever contradicting the government’s theory or allegations against you—for life! No judge or jury has ever considered the facts of your case. This gag is not something the SEC could ever win at trial. But, to all the world, your reputation will forever be tarnished. You lose your family, your friends, your job, and are already on the verge of financial ruin. The SEC’s press releases remain the only and final word about you. But that could never happen in America, where we have the First Amendment, right? Where the Supreme Court has long guaranteed unabridged free speech rights to even convicted felons?

This is the unconstitutional nightmare of the SEC Gag Rule. The SEC—an agency outlier—has been charging Americans for fifty years knowing that their lawless rule means those charges can never be publicly denied.

NCLA has recently taken the SEC to court on behalf of nine courageous gagged individuals from across the country and two press organizations represented by NCLA to challenge whether this is remotely constitutional. Each one of these individuals has a compelling story to tell.

Senior NCLA Litigator Peggy Little moderates a panel featuring NCLA clients Thomas Powell and Cassandra Toroian who want to tell their stories and Christopher Rausch of the Cape Gazette of Delaware who wants to publish those accounts telling both sides of the story of an SEC settlement. Just like the First Amendment guarantees.

View Description

A Full Court Press on the SEC Gag Rule

When the SEC charges Americans, it issues inflammatory press releases setting out a litany of misdeeds and fraud. While these are just allegations, these alarming releases instantly destroy lives, reputations and future occupations. Imagine that these charges are untrue or that the government cannot carry its burden on what prove to be novel and untested theories of liability unheard of at law. BUT, a successful defense will cost you millions and many years of your life—against an agency that can outlast and outspend you.

Faced with this prospect of spending millions in defense of a protracted proceeding with the cards stacked against you, you throw the towel in and settle—only to learn that SEC imposes a gag that forbids you from ever contradicting the government’s theory or allegations against you—for life! No judge or jury has ever considered the facts of your case. This gag is not something the SEC could ever win at trial. But, to all the world, your reputation will forever be tarnished. You lose your family, your friends, your job, and are already on the verge of financial ruin. The SEC’s press releases remain the only and final word about you. But that could never happen in America, where we have the First Amendment, right? Where the Supreme Court has long guaranteed unabridged free speech rights to even convicted felons?

This is the unconstitutional nightmare of the SEC Gag Rule. The SEC—an agency outlier—has been charging Americans for fifty years knowing that their lawless rule means those charges can never be publicly denied.

NCLA has recently taken the SEC to court on behalf of nine courageous gagged individuals from across the country and two press organizations represented by NCLA to challenge whether this is remotely constitutional. Each one of these individuals has a compelling story to tell.

Senior NCLA Litigator Peggy Little moderates a panel featuring NCLA clients Thomas Powell and Cassandra Toroian who want to tell their stories and Christopher Rausch of the Cape Gazette of Delaware who wants to publish those accounts telling both sides of the story of an SEC settlement. Just like the First Amendment guarantees.

Will SCOTUS Topple the Government's Censorship Industrial Complex?

March 19, 2024

In this Lunch and Law series, we discuss Murthy v. Missouri, NCLA’s most recent Supreme Court case, about the government’s use of social media companies to execute a massive censorship regime. Using a system of coercion and influence, several agencies in the executive branch—including the White House, the CDC, the Surgeon General’s Office, the FBI, CISA, and more—violated the First Amendment rights of thousands of Americans, including NCLA’s clients, for the so-called crime of making true statements that were inconvenient to the government’s narrative.

This event took place 24 hours after oral argument before the Supreme Court and the discussion was led by NCLA President Mark Chenoweth. Joining him on the panel is NCLA client Dr. Aaron Kheriaty, Fellow and Director, Bioethics and American Democracy Program, Ethics and Public Policy Center as well as NCLA Litigation Counsel Jenin Younes, who fought on behalf of our clients to push this case all the way to the Supreme Court.

View Description

Will SCOTUS Topple the Government's Censorship Industrial Complex?

In this Lunch and Law series, we discuss Murthy v. Missouri, NCLA’s most recent Supreme Court case, about the government’s use of social media companies to execute a massive censorship regime. Using a system of coercion and influence, several agencies in the executive branch—including the White House, the CDC, the Surgeon General’s Office, the FBI, CISA, and more—violated the First Amendment rights of thousands of Americans, including NCLA’s clients, for the so-called crime of making true statements that were inconvenient to the government’s narrative.

This event took place 24 hours after oral argument before the Supreme Court and the discussion was led by NCLA President Mark Chenoweth. Joining him on the panel is NCLA client Dr. Aaron Kheriaty, Fellow and Director, Bioethics and American Democracy Program, Ethics and Public Policy Center as well as NCLA Litigation Counsel Jenin Younes, who fought on behalf of our clients to push this case all the way to the Supreme Court.

Garland v. Cargill: Will SCOTUS Stop Agencies from Legislating?

February 29, 2024

In this Lunch and Law series, we discuss the so-called “Bumpstock Ban” and the historic Supreme Court case, Garland v. Cargill, that will decide whether the ATF had the power to enact legislation when Congress had considered such legislation and chosen not to do so.

This Lunch and Law was held the day after NCLA represented Michael Cargill in oral argument before the Supreme Court. The panel includes Rich Samp, Senior Litigation Counsel, and lead NCLA attorney on the case, as well as Jonathan Mitchell, an accomplished constitutional appellate litigator who manned the podium at oral argument, and our client Michael Cargill.

View Description

Garland v. Cargill: Will SCOTUS Stop Agencies from Legislating?

In this Lunch and Law series, we discuss the so-called “Bumpstock Ban” and the historic Supreme Court case, Garland v. Cargill, that will decide whether the ATF had the power to enact legislation when Congress had considered such legislation and chosen not to do so.

This Lunch and Law was held the day after NCLA represented Michael Cargill in oral argument before the Supreme Court. The panel includes Rich Samp, Senior Litigation Counsel, and lead NCLA attorney on the case, as well as Jonathan Mitchell, an accomplished constitutional appellate litigator who manned the podium at oral argument, and our client Michael Cargill.

Can Relentless & Loper Bright Kill Unconstitutional Chevron Deference?

January 24, 2024

Chevron Deference purports to require Article III judges to violate their oath of impartiality by yielding to an administrative agency’s interpretation of the law. Basically, the judge is forced to rule for the government, even if that judge thinks their interpretation of the law is wrong. And that’s exactly what happened in the Relentless and Loper Bright cases. But NCLA and its allies have challenged this unconstitutional thumb on the scales of justice in favor of the government, and the Supreme Court is set to resolve the issue this term.

This event took place just days after oral argument before the Supreme Court. What happened? How did it go? Will SCOTUS finally kill Chevron Deference completely, or only limit its effect?

Join our panel of expert appellate litigators who argued these cases in court to find out. 

View Description

Can Relentless & Loper Bright Kill Unconstitutional Chevron Deference?

Chevron Deference purports to require Article III judges to violate their oath of impartiality by yielding to an administrative agency’s interpretation of the law. Basically, the judge is forced to rule for the government, even if that judge thinks their interpretation of the law is wrong. And that’s exactly what happened in the Relentless and Loper Bright cases. But NCLA and its allies have challenged this unconstitutional thumb on the scales of justice in favor of the government, and the Supreme Court is set to resolve the issue this term.

This event took place just days after oral argument before the Supreme Court. What happened? How did it go? Will SCOTUS finally kill Chevron Deference completely, or only limit its effect?

Join our panel of expert appellate litigators who argued these cases in court to find out. 

Can We Hold the SEC Accountable for Its Shenanigans?

December 6, 2023

NCLA leads the fight against the Star Chamber that is the Securities and Exchange Commission (SEC), with our most recent Supreme Court victory in Cochran v. SEC being the crown jewel of our resistance. But what if we told you the SEC is simply ignoring Supreme Court rulings and playing games with prosecutions in order to prevent Article III courts from reviewing their shenanigans? What if we told you they got caught breaking the law and, rather than face the consequences in court, they decided to dismiss 42 cases so that neither judge nor jury would ever be able to hold them accountable.

Our panel of expert appellate litigators discuss Cochran v. SEC, SEC v. Jarkesy, and other recent cases and events that lay bare the perfidy of the SEC.

View Description

Can We Hold the SEC Accountable for Its Shenanigans?

NCLA leads the fight against the Star Chamber that is the Securities and Exchange Commission (SEC), with our most recent Supreme Court victory in Cochran v. SEC being the crown jewel of our resistance. But what if we told you the SEC is simply ignoring Supreme Court rulings and playing games with prosecutions in order to prevent Article III courts from reviewing their shenanigans? What if we told you they got caught breaking the law and, rather than face the consequences in court, they decided to dismiss 42 cases so that neither judge nor jury would ever be able to hold them accountable.

Our panel of expert appellate litigators discuss Cochran v. SEC, SEC v. Jarkesy, and other recent cases and events that lay bare the perfidy of the SEC.

The Censorship-Industrial Complex Silences the Vaccine-Injured

October 18, 2023

NCLA leads the charge against the massive censorship industrial complex that found the federal government coercing social media companies into trampling the First Amendment rights of anyone whose speech it felt was inconvenient. First, in the case of Missouri v. Biden, and now in Dressen v. Flaherty, the New Civil Liberties Alliance has uncovered a deluge of evidence that the government has been engaged in unconstitutional censorship of Americans who just want to be able to tell the truth.

For NCLA clients Brianne Dressen and Nikki Holland, that truth is a difficult one about vaccine injuries. NCLA President Mark Chenoweth moderates a discussion with NCLA Litigation Counsel Casey Norman and these brave Americans who were not allowed to speak freely about the vaccine injuries suffered by them and their loved ones.

View Description

The Censorship-Industrial Complex Silences the Vaccine-Injured

NCLA leads the charge against the massive censorship industrial complex that found the federal government coercing social media companies into trampling the First Amendment rights of anyone whose speech it felt was inconvenient. First, in the case of Missouri v. Biden, and now in Dressen v. Flaherty, the New Civil Liberties Alliance has uncovered a deluge of evidence that the government has been engaged in unconstitutional censorship of Americans who just want to be able to tell the truth.

For NCLA clients Brianne Dressen and Nikki Holland, that truth is a difficult one about vaccine injuries. NCLA President Mark Chenoweth moderates a discussion with NCLA Litigation Counsel Casey Norman and these brave Americans who were not allowed to speak freely about the vaccine injuries suffered by them and their loved ones.