In the News
Texas Woman’s Suit Against SEC Tossed Out of District Court, Heads to Appeal
FORT WORTH -- U.S. District Court judge John McBryde dismissed a Coppola, Texas, woman’s complaint against the Security and Exchange Commission but one of her attorneys said there is some light at the end of the tunnel. Michelle Cochran should not have been put...
TTB Label Regulations Infringe Brewers’ Civil Liberties
Summer backyard barbecues aren’t complete without cold beer. Perhaps the tradition is rooted in colonial America’s love of suds. Americans over the age of 15 consumed 34 gallons of beer per capita per year back then, and pubs and taverns were vital community gathering...
Mark Chenoweth on the Upcoming SCOTUS Decisions
Mark Chenoweth was on Fox News to talk about the upcoming Supreme Court decisions in Klein v. Oregon Bureau of Labor, Gamble v. U.S., and the controversial 2020 Census Citizenship Question.
Gundy v. United States: Revisiting the Nondelegation Doctrine, or Not?
The U.S. Supreme Court’s decision in Gundy v. United States disappointed some observers who were hoping that the Court would use the case to reinvigorate the nondelegation doctrine. Instead, the Court upheld the federal government’s authority under the Sex Offender...
Daily Dicta: Mark Cuban Strikes Again in SEC Fifth Circuit Appeal
Never one to miss a chance to kick the SEC, the celebrity billionaire signed on to an amicus brief, this one filed in the U.S. Court of Appeals for the Fifth Circuit by a team from Paul Hastings.Mark Cuban knows how to hold a grudge.Written by Jenna GreeneOriginally...
SEC Fights Ex-Xerox CFO’s Bid To Lift 16-Year-Old Gag Order
The U.S. Securities and Exchange Commission challenged a bid by a former Xerox executive to lift a gag order in his 16-year-old settlement with the agency, telling a New York federal court Tuesday that the man waived his First Amendment rights when he agreed to the...
Court Forces Rethink On Federal Sentencing Guidance
A recent appellate decision on the interpretation of federal sentencing guidelines could have a major impact on people with prior criminal records who are being sentenced for new crimes, some advocates say. To read the full story, click here.Written by Emma...
Inmate Says Bureau Dropped the Ball on Good-Time Credits
(CN) – Saying he is one of 4,000 federal prisoners being confined past sentence calculations, an Illinois man brought a federal complaint to secure his immediate release.Robert Shipp filed the suit Friday in Washington with attorneys at New Civil Liberties Alliance....
DOJ Opposes Lucia
The latest episode in the seven-year battle between a former San Diego investment adviser and the SEC over allegedly misleading marketing – a case that gave the IA a U.S. Supreme Court victory last year – has the Justice Department arguing that Ray Lucia can’t seek to...
SEC Proposes Amended “Accelerated Filer” & “Large Accelerated Filer” Definitions
Yesterday, the SEC voted 3-1 – with Commissioner Jackson dissenting – to propose changes to Exchange Act Rule 12b-2’s definitions of “accelerated filer” & “large accelerated filer.” Here’s the 150-page proposing release. This excerpt from the “fact sheet” in the...
Are SEC Gag Orders Unconstitutional? – SEC Defendant Asks Court to Lift Restrictions
The New Civil Liberties Alliance has filed a Motion for Relief from Judgment with the U.S. District Court for the Southern District of New York on behalf of Barry D. Romeril. Mr. Romeril served as the Chief Financial Officer of the Xerox Corporation from 1993-2001....
SEC Gag Rule Under Attack Again. Are Its Days Numbered?
Nearly 16 years ago, former Xerox Corp. chief financial officer Barry Romeril was among six executives at the company who settled fraud charges with the U.S. Securities and Exchange Commission without admitting or denying guilt. Now, Romeril wants the public to hear...
Utahan Appealing Bump Stock Ban Can’t Keep Device
A 10th Circuit panel decided Tuesday to deny a man’s request to keep his bump stock while his appeal over the federal government’s ban on the firearm device is heard. Chairman of the Utah Shooting Sports Council W. Clark Aposhian sued the Bureau of Alcohol, Tobacco,...
Mark Chenoweth on White House Energy Infrastructure Executive Order
Mark Chenoweth was on Varney & Company to talk about the White House Energy Infrastructure Executive Order that promotes efficient permitting process and reduces regulatory uncertainty. https://www.youtube.com/watch?v=F1gl0tfvk60
Meet the only person in the US who can legally own a bump stock
Clark Aposhian added a bump stock to his firearms collection about a year before a gunman using the devices, which let semi-automatic weapons fire more rapidly, killed nearly five dozen people at a Las Vegas music festival. Today, the 54-year-old gun lobbyist is the...
This Utah gun lobbyist is the only man in America who can legally own a bump stock. He’s fighting in court to keep it — even though he thinks it is lame.
Update: This story has been updated to reflect that the U.S. Supreme Court recently denied a gun rights group request to keep their bump stocks, meaning Clark Aposhian is likely the only person in the country who now legally owns one of the shooting accessories. Clark...
Austin gun rights activist sues ATF over bump stock ban
A local gun store owner and gun rights activist has filed a lawsuit against the ATF because of the bump stock ban. The federal ban follows a December decision by the U.S. Department of Justice. Bump stock owners were given 90 days to comply by destroying or turning in...
Mark Chenoweth Discusses Supreme Court Justice Count
NCLA Executive Director and General Counsel, Mark Chenoweth, joined Fox News to discuss the calls from some politicians to change the number of Supreme Court justices or the way they are appointed. https://www.youtube.com/watch?v=xKsUOnFEaxA&t
Mark Chenoweth talks to Stuart about SEC vs. Elon Musk on Fox Stuart & Company
Mark Chenoweth, Executive Director and General Counsel of NCLA addresses the administrative threat in the case of SEC vs. Elon Musk on Varney & Company. https://www.youtube.com/watch?v=h4adNdSo95U
Aposhian v. Whitaker-Gun Freedom Radio
Click HERE to listen to NCLA's Caleb Kruckenberg discuss the Aposhian v. Whitaker case. Caleb Kruckenberg - litigation counsel for the New Civil Liberties Alliance (NCLA). Caleb has broad legal experience, often adverse to the government. He developed his principled...
Ray Lucia’s battle against the powerful Securities and Exchange Commission begins again
"Financial planning guru Ray Lucia is continuing his David vs. Goliath battle against the U.S. government — and it is proving to be the fight of his life. Lucia went all the way to the U.S. Supreme Court to challenge the constitutionality of a Securities and Exchange...
Aposhian V. Whitaker-Rod Arquette Show (KNRS)
Click here to listen to NCLA's Caleb Kruckenberg discuss the Aposhian v. Whitaker case.
Federal Lawsuit Challenges SEC’s Lifetime Gag Order Policy
"The Cato Institute, based in Washington, says the policy serves to silence potential critics of the SEC’s vast civil enforcement powers, thereby violating First Amendment protections of free speech and a free press. The policy is particularly problematic, the group...
Grosse Ile uses cameras to track vehicle locations — and it’s not alone
"An Electronic Frontier Foundation audit of automatic license plate recognition systems released in late November revealed that police in Grosse Ile have scanned 8.41 million license plates in 2016 and 2017. The location data picked up by the readers was then shared...
Utah guns rights advocate sues Trump administration over federal bump stock ban
"SALT LAKE CITY — A Utah gun rights advocate is suing the federal government over a newly imposed ban on an accessory that modifies rifles to fire like automatic weapons. Clark Aposhian, chairman of the Utah Shooting Sports Council, argues in the lawsuit that the...