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Can a federal agency gag those who enter into settlement agreements? The SEC says yes. — First Amendment News 434

August 6, 2024
Let’s begin with basics: Gag orders are, save for exceptional circumstances, an affront to the First Amendment. And why? Again, basics: They run counter to the principle of no prior restraints, and they can be content-based, which violates another free speech canon. Hence, for a gag order to be permissible it must satisfy a strict…
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San Antonio sued over firing of poet laureate Nephtalí De León

August 5, 2024
Former San Antonio poet laureate Nephtalí De León is suing the city and the head of its Department of Arts & Culture over his firing last August…
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Trucking Co. Moves To Nix DOL Independent Contractor Rule

August 5, 2024
​​A trucking company that regularly hires owner-operator truck drivers has urged a New Mexico federal judge to vacate a new U.S. Department of Labor rule for classifying independent contractors, arguing in a motion for summary judgment that the rule makes classifying workers more confusing…
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Jarkesy case likely not to be revived

August 1, 2024
SCOTUS ruled that the Seventh Amendment to the Constutution gives defendants a right to a jury trial even in civil cases…
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Creating Content Isn’t A Crime

July 31, 2024
Creating Content Isn’t A Crime. Today, the U.S. Court of Appeals for the Tenth Circuit overturned David Lesh’s criminal conviction. Lesh, a client of the New Civil Liberties Alliance (NCLA), faced accusations of violating a U.S. Forest Service (USFS) regulation. The court found the USFS regulation banning unauthorized “work activity or service” on USFS lands…
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End of SEC gag rule sought in circuit court appeal

July 26, 2024
Citing a countless number of people who have been harmed by a federal gag order in what an appeals petition calls a reign of error, the New Civil Liberties Alliance, representing the Cape Gazette and 10 others, is asking a circuit court to put an end to the decades-old silencing tactic. In its U.S. Court…
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