SEC’s ‘No Deny’ Provision Infringes Right To Gather Information
Participated in an amicus brief (with the Reporters Committee and other amici) filed with the U.S. Court of Appeals for the D.C. Circuit in Cato Institute v. SEC. This case concerns a challenge by the Cato Institute to an SEC regulation and policy that precludes settling parties from ever publicly denying the allegations made by the SEC in its complaint or order for proceedings. Cato challenged the SEC regulation and policy on First Amendment grounds and alleged that, but for the policy, it would publish books and articles by settling parties. The district court dismissed Cato’s complaint for lack of standing, holding that Cato had not sufficiently alleged an injury. The amicus brief argues that the SEC policy infringes Cato’s First Amendment right to gather information for publication and to receive protected speech.