Press Releases
NCLA Clinches 1st Amend. Victory in NLRB Lawsuit over Ben Domenech Satirical Tweet, No Veiled Threat, Says Court
Washington, DC (May 20, 2022) – The U.S. Court of Appeals for the Third Circuit sided with the New Civil Liberties Alliance today in its ruling to vacate the National Labor Relations Board’s (NLRB) flawed decision to charge FDLRST Media, LLC with committing an “unfair...
SEC Proceeding Violated Constitutional Right to Jury and Vesting & Take Care Clauses, 5th Cir.
Washington, DC (May 18, 2022) – The U.S. Court of Appeals for the Fifth Circuit handed down a major decision today, vacating SEC’s decision in Jarkesy v. SEC and finding that the agency’s in-house adjudication of Mr. Jarkesy violated his constitutional rights. The New...
In NCLA Amicus Win, Supreme Court Rejects FEC’s Argument Against Sen. Cruz’s Standing to Sue
Washington, DC (May 17, 2022) – In a 6-3 ruling, the Supreme Court has invalidated a provision of federal campaign finance law limiting the amount of money a candidate can be repaid for personal loans made to their campaign. The New Civil Liberties Alliance, a...
NCLA Celebrates U.S. Sup. Ct. Cert. Grant in Securities and Exchange Commission v. Michelle Cochran
Washington, DC (May 17, 2022) - The U.S. Supreme Court has granted certiorari in Securities and Exchange Commission v. Michelle Cochran. The Court will review a Fifth Circuit en banc decision that ruled Texas accountant Michelle Cochran has the right to challenge the...
NCLA Files Lawsuit Against Discriminatory Dept. of Education Rule for Fulbright-Hays Fellowships
Washington, DC (May 10, 2022) – A complaint filed Tuesday by the New Civil Liberties Alliance argues the U.S. Department of Education’s application process for the Fulbright-Hays Fellowship unlawfully discriminates based on applicants’ nation of origin. NCLA, a...
NCLA Files Fifth Circuit Appeal to Stop Unlawful 24/7 Tracking of Gulf of Mexico Charter Boats
Washington, DC (May 3, 2022)—The New Civil Liberties Alliance filed its opening brief Monday in its appeal to the U.S. Court of Appeals for the Fifth Circuit on behalf of more than 1,300 federally permitted charter boat owners in the class-action lawsuit, Mexican Gulf...
WATCH: Rhode Island Doctor Returns to Practice After NCLA Challenges Covid-19 Order
Washington, DC (May 2, 2022) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil liberties group, released a case video today explaining the lawsuit it has brought on behalf of its client, Rhode Island oral and maxillofacial surgeon Dr. Stephen Skoly....
NCLA’s Board of Directors Appoints Philip Hamburger as CEO and Mark Chenoweth as President
Washington, DC (April 29, 2022) – The New Civil Liberties Alliance announced today that its Board of Directors has unanimously named NCLA’s founder, Philip Hamburger, as the organization’s Chief Executive Officer. In addition, the Board has unanimously appointed Mark...
Prominent 1st Amendment Scholars, Investors and Think Tanks Support NCLA’s SCOTUS Cert Petition
Washington, DC (April 25, 2022) – Prominent Constitutional Law and First Amendment scholars, including former ACLU president Nadine Strossen, American investors and entrepreneurs Elon Musk, Mark Cuban, Philip Goldstein, and Nelson Obus, and ten liberty-minded...
NCLA Amicus Brief Asks Ohio Supreme Court to Stop Courts from Deferring to Agency Interpretations
Washington, DC (April 18, 2022) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed an amicus brief today in TWISM Enterprises, LLC v. State Board of Registration for Professional Engineers and Surveyors, urging the Supreme Court of...
NCLA Petition Takes Issue with PHMSA over Scienter, Statute of Limitations, and Lack of Jury Trial
Washington, DC (April 14, 2022) - The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, has filed its opening brief in Polyweave Packaging v. U.S. Dept. of Transportation, in the U.S. Court of Appeals for the Sixth Circuit. NCLA contends that...
NCLA Notches Yet Another Amicus Win Against Congress’s Unconstitutional State Tax Cut Ban
Washington, DC (April 13, 2022) – The U.S. District Court for the Northern District of Texas handed down a ruling on Friday in Texas, et al. v. Yellen, et al. that permanently prohibits the Secretary of the Department of Treasury from enforcing an unconstitutional...
NCLA Amicus Brief Supports SCOTUS Cert Petition Targeting Lower Court Split on Chevron Deference
Washington, DC (April 8, 2022) - The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has promulgated a Final Rule that classifies bump stocks as “machineguns” without authority from Congress to redefine that term. Gun Owners of America and several other...
SEC Enforcement Staff Accessed Adjudicatory Documents in Midst of Administrative Proceedings
Washington, DC (April 6, 2022) – The U.S. Securities and Exchange Commission (SEC) has disclosed that its enforcement staff accessed documents in at least two adjudicatory matters currently in litigation in federal court, including SEC v. Michelle Cochran. The New...
NCLA Asks High Court to Grant Cert Now, Not Hold Case Questioning SEC’s Unconstitutional ALJs
Washington, DC (March 29, 2022) – The New Civil Liberties Alliance today filed an early response to the U.S. Securities and Exchange Commission’s March 11 petition for a writ of certiorari in SEC v. Michelle Cochran. NCLA argues that the U.S. Supreme Court should...
NCLA Takes on U.S. Surgeon General’s Censoring of Alleged Covid-19 “Misinformation” on Twitter
Washington, DC (March 25, 2022) – Mark Changizi, Daniel Kotzin, and Michael Senger each had or have Twitter accounts with tens of thousands of followers or more. Their Twitter platforms provided them with a social network, and an outlet to express their views, to hear...
Watch: The Weaponization of NLRB Against Ben Domenech’s Joke Tweet Raises Free Speech Concerns
Washington, DC (March 22, 2022) – The National Labor Relations Board (NLRB) has made a federal case out of a joke on Twitter. FDRLST Media is under federal investigation after Ben Domenech, publisher of the online magazine, posted a satirical tweet that didn’t sit...
NCLA Petitions Supreme Court to End Decades-Long Suppression of Free Speech by SEC Gag Order
Washington, DC (March 21, 2022) – Settling defendants whom the Securities and Exchange Commission (SEC) has muzzled for decades might get a chance at finally having their voices heard. Today, the New Civil Liberties Alliance filed a petition for a writ of...
NCLA Argues Against Unconstitutional and Dangerous Federal Government Control over State Taxes
Washington, DC (March 21, 2022) – The “Tax Cut Ban” provision of the American Rescue Plan Act of 2021 (ARPA) encroaches in an unprecedented way on a core power exclusively assigned to the states—the power to change or reduce a state’s taxation of its own citizens....
NCLA Amicus Brief Urges Supreme Court to Confront Religious Inequality in Admin. Policymaking
Washington, DC (March 18, 2022) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed an amicus brief today in Dr. A, et al. v. Kathy Hochul, et al., encouraging the U.S. Supreme Court to grant review and hold that New York’s...
NCLA Appeals District Court Ruling Allowing Government to Unlawfully Track Gulf Charter Vessels
Washington, DC (March 3, 2022) - The U.S. District Court for the Eastern District of Louisiana has denied the Motion for Summary Judgment filed by over 1,300 federally permitted charter boat owners in the class-action lawsuit, Mexican Gulf Fishing Company, et al. v....
NCLA Backs SCOTUS Case Seeking to Resolve Circuit Split on Interp of Federal Civil Proc. Rule 60(b)
Washington, DC (March 2, 2022) – Yesterday, the New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed an amicus brief in Kemp v. United States, a case before the Supreme Court challenging the U.S. Court of Appeals for the Eleventh Circuit’s...
Class-Action Plaintiffs in Fed. Employee Vaccine Mandate Case File Amicus Brief in Fifth Circuit Appeal
Washington, DC (February 24, 2022) - Plaintiffs from NCLA’s class-action lawsuit, James Joseph Rodden, et al. v. Dr. Anthony Fauci, et al., have submitted a brief amici curiae in a similar case seeking to overturn the Federal Employee Vaccine Mandate. Class...
MI District Court Ruling Keeps MSU Vaccine Mandate in Place, NCLA Plans Appeal to Sixth Circuit
Washington, DC (February 23, 2022) - On Tuesday, Judge Paul Maloney of the U.S. District Court for the Western District of Michigan granted Michigan State University’s (MSU) Motion to Dismiss the class-action lawsuit, Norris, et al. v. Samuel L. Stanley, Jr., et al.,...
NCLA Supports Cert. Petition Seeking Procedural Protections for Accused in Collegiate Title IX Cases
Washington, DC (February 18, 2022) – As part of its efforts to enforce Title IX, the U.S. Department of Education has routinely pressured schools to deny due process to the accused in sexual-misconduct investigations. The New Civil Liberties Alliance, a nonpartisan,...
NCLA Contests Motion to Dismiss Lawsuit Challenging Vague CT Rule Regulating Attorneys’ Speech
Washington, DC (February 17, 2022) - Today, the New Civil Liberties Alliance filed a response to the Connecticut Statewide Bar Counsel and the Chair of the Statewide Grievance Committee’s Motion to Dismiss our lawsuit on behalf of two Connecticut-licensed attorneys...
Biden’s Supreme Court Shortlist Has Limited Administrative Law Expertise, NCLA Report Shows
Washington, DC (February 10, 2022) – President Biden has vowed that he will appoint the first Black woman justice to fill the U.S. Supreme Court seat of Justice Stephen Breyer. Taking him at his word, NCLA has only evaluated Black female candidates this time around in...
NCLA Suit Says Marco Island, FL Defied 4th Amendment, Captured ALPR Driver Data Sans Warrants
Washington, DC (February 7, 2022) - Everyone entering or exiting Marco Island be warned: the city is keeping tabs on you. Today, the New Civil Liberties Alliance filed the lawsuit, Shannon Schemel, et al. v. City of Marco Island, et al., to stop warrantless searches...
NCLA Backs RI Oral Surgeon with Natural Immunity in Suit Against Officials Who Shut His Practice
Washington, DC (February 4, 2022) - Arbitrary and irrational government mandates responding to the COVID-19 pandemic have deprived millions of patients across the country of much-needed medical care. The State of Rhode Island provides a particularly acute example of...
NCLA Asks First Circuit to Set Aside NOAA’s Unlawful Rule Forcing Industry to Fund at-Sea Monitors
Washington, DC (February 1, 2022) - Atlantic herring fishermen are having to spend huge sums of money to fund agency-mandated at-sea monitors to police the harvest aboard their ships. The New Civil Liberties Alliance has filed an opening brief in the appeal of...
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