Barry D. Romeril v. Securities and Exchange Commission
FirstAmendment DueProcess Securities Privacy JusticiabilityDoctri
Does the SEC's requirement of a lifetime gag order in settlements violate the First Amendment?
QUESTIONS PRESENTED 1. Does it violate the First Amendment for the Securities and Exchange Commission to impose a requirement that any party with whom it settles must agree to a lifelong prior restraint barring any statement, however truthful and whenever and however expressed, that even suggests that any allegation in a Securities and Exchange Commission Complaint is insupportable? 2. Does the Securities and Exchange Commission violate the Due Process Clause when it requires that any party with whom it settles must sign an SEC-drafted Consent Form waiving his due process rights and agree to a lifelong prior restraint barring any statement, however truthful and whenever and however expressed, that even suggests that any allegation in a Securities and Exchange Commission Complaint is insupportable? 3. Is a final judgment entered by a United States District Court which includes an unconstitutional lifetime ban on any statement, however truthful and whenever and however expressed, that even suggests that any allegation in a Securities and Exchange Commission Complaint is insupportable, void, and therefore subject to review under Rule 60(b)(4)?