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Gag Orders First Amendment

McDonnell Boehnen Hulbert & Berghoff LLP

Judge Newman's Suit Continues

Over the past year suspended Federal CIrcuit Judge Pauline Newman's lawsuit (see "Judge Newman and the On-Going Attempts to Remove Her from the Federal Circuit") against Chief Judge Kimberly Moore, and Circuit Judges Sharon...more

Carlton Fields

The SEC’s Compulsory Practice of Restraining Free Speech: “You Signed It, So Live With It!”

Carlton Fields on

Since 1972, the SEC has prohibited defendants who settle civil enforcement actions with the SEC without admitting or denying wrongdoing from later publicly “denying the allegations in the complaint” filed against them. The...more

McDonnell Boehnen Hulbert & Berghoff LLP

Judge Newman and the On-Going Attempts to Remove Her from the Federal Circuit

The efforts to have Judge Pauline Newman, Circuit Judge on the Court of Appeals for the Federal Circuit, unfit or guilty of misconduct have been the subject of reporting in the patent blogosphere (Patently-O, IP Watchdog),...more

Carlton Fields

Gag Orders, Part II: When the SEC Silences Critics

Carlton Fields on

This article supplements our article titled “Gag Orders: Stifling Effect on SEC Critics” in the September 2020 edition of this publication. Any consent judgment with the SEC includes what is often called a “gag clause.”...more

Fox Rothschild LLP

Gag Orders In Child Custody; Can Best Interests & Free Speech Be Balanced?

Fox Rothschild LLP on

Father adopted a child with mother. Mother died two year later. Father remarried the stepmother in 2012, with whom this litigation took place. Stepmother adopted the child a year later. The marriage lasted less than a...more

Carlton Fields

Gag Orders: Stifling Effect on SEC Critics

Carlton Fields on

Any consent judgment with the SEC includes what is often called a “gag clause.” These clauses prohibit the defendant from challenging the truth of any allegation in the SEC’s complaint or making any statement that might be...more

Mitchell, Williams, Selig, Gates & Woodyard,...

First Amendment Rights of Licensed Teacher Litigated in Federal Court

A licensed teacher was investigated, but the case was closed without disciplinary action taken. The teacher was warned that the existence of the investigation and its outcome were to remain strictly confidential. The teacher...more

Stinson - Corporate & Securities Law Blog

Are SEC Gag Orders Unconstitutional? – SEC Defendant Asks Court to Lift Restrictions

The New Civil Liberties Alliance has filed a Motion for Relief from Judgment with the U.S. District Court for the Southern District of New York on behalf of Barry D. Romeril. Mr. Romeril served as the Chief Financial Officer...more

Foley Hoag LLP - Making Your Mark

Trademark Case Too “Banal” To Justify Social Media Gag Order

Before the social media era really kicked into gear, I was representing a defendant in a defamation case who was being sued by a very wealthy plaintiff. Because of his charitable generosity, the plaintiff’s name was on...more

Morrison & Foerster LLP

Microsoft Claims Victory in Challenge to DOJ’s Practice of Seeking “Gag Orders” under the Stored Communications Act

Morrison & Foerster LLP on

Last week, the Department of Justice (DOJ) announced a new policy that significantly restricts its practice of seeking non-disclosure orders under the Stored Communication Act (SCA), 18 U.S.C. § 2705(b), in connection with...more

Lewitt Hackman

Negative Reviews: Seeing Stars or Trolls? Here's What You Can and Can't Do

Lewitt Hackman on

Trolls aren’t just fictional creatures living under bridges in fairy tales – today they are anonymous but highly visible creatures plaguing individuals and businesses on social media. They’re angry, vindictive and financially...more

Proskauer - Minding Your Business

To Save Secrecy Lawsuit, Twitter Must Challenge DOJ’s Decision to Classify Surveillance Requests

This month, a federal judge dismissed Twitter’s lawsuit challenging limits on the disclosure of government requests for information on Twitter users, pressing the company to file an amended complaint contesting the...more

McGuireWoods LLP

Microsoft Sues Justice Department Claiming Statute That Authorizes “Gag Orders” Is Unconstitutional

McGuireWoods LLP on

Adding to the number of recent, high-profile confrontations between the government and tech companies concerning the limits of government investigations and the protection of privacy interests, last week, Microsoft filed a...more

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