Buckeye Reporter

Columbus, OH – On Monday, The Buckeye Institute filed an amicus brief in Powell v. U.S. Securities and Exchange Commission (SEC) with the U.S. Court of Appeals for the Ninth Circuit, urging the court to overturn the SEC’s gag rule that prohibits Americans who settle a case with the SEC from discussing it publicly.

“Since our nation’s founding, judicial review in the face of government overreach has been ‘the very essence of civil liberty,’” said David C. Tryon, director of litigation at The Buckeye Institute. “And at its heart, this case is about vindicating the right to meaningful judicial review of the SEC’s unconstitutional gag rule, which it uses to silence untold numbers of Americans from discussing their cases publicly.”

In its brief, The Buckeye Institute argues that the SEC gag rule—adopted in 1972 in violation of the Administrative Procedure Act—violates the First Amendment and serves as a means for silencing Americans who settle their cases.

Powell v. SEC is a New Civil Liberties Alliance case.