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Can a federal agency gag those who enter into settlement agreements? The SEC says yes. — First Amendment News 434
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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Trucking Co. Moves To Nix DOL Independent Contractor Rule
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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Creating Content Isn’t A Crime
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
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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