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- Title
WHY THE SEC GAG RULE SILENCING THOSE WHO SETTLE SEC INVESTIGATIONS VIOLATES THE FIRST AMENDMENT.
- Authors
Smolla, Rodney A.
- Abstract
The author explores the U.S. Securities and Exchange Commission (SEC) Gag Rule which concerns defendants that have entered into a consent decree following their settlement of SEC administrative investigations. Topics discussed include the rejection of the First Amendment challenge to the gag order in the U.S. Court of Appeals for the Second Circuit case SEC v. Romeril, the classification of the SEC Gag Rule as a prior restraint, and the reasons behind the adoption of the gag policy in 1972.
- Subjects
UNITED States; FREEDOM of debate (Legislative bodies); UNITED States. Securities &; Exchange Commission; CONSENT decrees; LEGAL settlement; GOVERNMENTAL investigations; PRIOR restraint
- Publication
Widener Law Review, 2023, Vol 29, Issue 1, p1
- ISSN
1933-5555
- Publication type
Article