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Facing Court Challenges, Vow of Congress To Reverse, SEC Pauses Implementation of Climate Disclosure Regulation

April 4, 2024
The Securities and Exchange Commission is pausing implementation of a rule that would have forced companies to disclose their climate impact, citing court cases challenging the legality of the administrative action. “The Commission has discretion to stay its rules pending judicial review if it finds that ‘justice so requires,’” the SEC wrote in a legal filing…
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A Look At Recent Challenges To SEC’s Settlement ‘Gag Rule’

April 3, 2024
The settlement policy of the U.S. Securities and Exchange Commission does not allow settling while denying the allegations the commission has brought against the defendant or respondent… Mike Blankenship is a partner and Regina Maze is an associate at Winston & Strawn LLP. The opinions expressed are those of the author(s) and do not necessarily reflect the views of…
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Anonymous Audit Firm Sues PCAOB to Block ‘Excessively Intrusive and Burdensome’ Investigative Demand

March 27, 2024
… The firm is represented by Dickinson Wright PLLC, as well as the New Civil Liberties Alliance (NCLA), an organization that is also involved in separate John Doe challenges to the PCAOB in Tennessee and Washington, D.C….
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Abridging, Not Coercing, Is The First Amendment’s Yardstick for Speech Violations

March 25, 2024
Philip Hamburger, a professor at Columbia, is the CEO of the New Civil Liberties Alliance, which represents most of the individual plaintiffs in Murthy v. Missouri. Hamburger wrote the following post in response to a post at Volokh by Ilya Somin: Is coercion the First Amendment’s measure of the freedom of speech? In commenting on Murthy v.…
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Government Was ‘Going After Lawful Speech,’ Which First Amendment Explicitly Forbids: NCLA President

March 18, 2024
The Supreme Court on Monday heard arguments in what is being called the “most consequential” First Amendment case in America’s history. The attorneys general of Missouri and Louisiana, and five individuals, claim that federal officials violated their First Amendment rights by coercing social media companies to censor their viewpoints in their social media posts that…
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Supreme Court to Hear Arguments in Biden Admin’s Censorship of Social Media Posts

March 16, 2024
Oral Arguments are set for March 18 before the Supreme Court in a case that accuses the Biden Administration of a censorship-by-proxy scheme. …
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