One of the strongest rules in free-speech law is that the government may not engage in “prior restraint” of speech except in extreme circumstances. Yet the Securities and Exchange Commission does so routinely. Under a rule adopted in 1972, the SEC demands that parties entering into settlements with the commission be silenced about the prosecution…

“Groucho Marx once resigned membership from the Friars Club quipping, “I don’t want to belong to any club that will accept me as a member.” Imagine Groucho’s dismay had the club been compelled to disclose his membership to the government! That is exactly what California’s attorney general is doing by requiring 501(c)(3) charities to divulge…

What has already been a very good year for Chevron reform just got even better. By rejecting officially sanctioned judicial bias, Florida voters furthered a positive trend that has turned 2018 into the year of the Chevronrevolt. With the passage of Amendment 6, the Sunshine State became the fourth state this year to reject rules that require judges to abandon their duty…

Written by Philip Hamburger If Jeff Sessions steps down as attorney general, who will replace him? This question is on the president’s mind, according to a recent Wall Street Journal report, and among all the persons being floated as potential replacements, one stands out: retired D.C. Circuit Court Judge Janice Rogers Brown. There are reasons…

Pursuant to the Administrative Procedure Act, 5 U.S.C. § 553(e), and Rule 192(a) of the U. S. Securities and Exchange Commission (“SEC” or “Commission”), 17 C.F.R. § 201.192(a), the Petitioner New Civil Liberties Alliance (“NCLA”) hereby petitions the Commission to amend its rule restricting speech that is set forth in 17 C.F.R. § 202.5(e) (“The…

In re SEC Rule Imposing Speech Restraints in Consent Orders The SEC Rule adopts “the policy that in any civil lawsuit brought by it or in any administrative proceeding of an accusatory nature pending before it, it is important to avoid creating, or permitting to be created, an impression that a decree is being entered…