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NCLA Asks Court to Overturn SEC’s Lifetime Gag on Free Speech
Washington, D.C., July 08, 2019-The Securities and Exchange Commission’s (SEC) “Gag” Rule is a regulation almost unique to the SEC. Since the Rule was created without notice and comment in 1972, it has managed to impact the freedom of speech of hundreds of Americans. Barry D. Romeril, former Chief Financial Officer of the Xerox Corporation,…
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NCLA Demands that Bureau of Prisons Follow the Law in Recalculating Prison Sentences for Thousands in Custody
Washington, DC – Robert Shipp has served his time and then some, but the U.S. Justice Department’s Bureau of Prisons (BOP) refuses to apply a statutory recalculation for “good time” credit to his sentence until July 19, 2019. The BOP has already recalculated Mr. Shipp’s release date as May 6, 2019 under the First Step…
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NCLA Asks Tenth Circuit to Determine Who Has the Constitutional Right to Change the Law in Bump Stock Case
Washington, DC, June 12, 2019 – Whom does the Constitution allow to change the law when tragedy strikes? Today the New Civil Liberties Alliance filed a brief on behalf of NCLA client Clark Aposhian, asking the U.S. Court of Appeals for the Tenth Circuit to determine that it is unlawful for a prosecutorial entity, like the Bureau…
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NCLA Asks Fifth Circuit Court of Appeals to Put an End to Unconstitutional SEC Hearings
Washington, DC, June 11, 2019—The New Civil Liberties Alliance today filed a brief with the U.S. Court of Appeals for the Fifth Circuit asking to reverse the district court’s decision to dismiss the case of NCLA’s client, Michelle Cochran, for lack of subject-matter jurisdiction. The U.S. Securities & Exchange Commission is trying to force Ms. Cochran,…
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NCLA Wins Repeal of Judicial Deference Doctrine by Sixth Circuit
Washington, D.C. — Today, the full U.S. Court of Appeals for the Sixth Circuit reversed its prior decision and ordered resentencing in United States v. Jeffery Havis. In no uncertain terms, the Sixth Circuit concluded that a sentencing enhancement, contained in U.S. Sentencing Commission commentary never approved by Congress, cannot be used as a basis for increasing…
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NCLA Asks Full Ninth Circuit to Decide that Police Theft During Execution of a Search Warrant Violates the Constitution in Jessop v. City of Fresno
Washington, D.C. —The New Civil Liberties Alliance, a nonprofit civil-rights organization and public-interest law firm, filed an amicus brief supporting the appellant in the case of Goldwater Institute v. U.S. Department of Health and Human Services before the U.S. Court of Appeals for the Ninth Circuit. NCLA is particularly disturbed by the practice, which happened here, of extending judicial…
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