No. 21-1284

Barry D. Romeril v. Securities and Exchange Commission

Lower Court: Second Circuit
Docketed: 2022-03-23
Status: Denied
Type: Paid
Amici (6) Experienced Counsel
Tags: constitutional-rights content-based-restriction due-process first-amendment prior-restraint sec-settlement viewpoint-based-restriction void-judgment
Key Terms:
FirstAmendment DueProcess Securities Privacy JusticiabilityDoctri
Latest Conference: 2022-06-16
Question Presented (AI Summary)

Does the SEC's requirement of a lifetime gag order in settlements violate the First Amendment?

Question Presented (OCR Extract)

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)?

Docket Entries

2022-06-21
Petition DENIED.
2022-05-31
DISTRIBUTED for Conference of 6/16/2022.
2022-05-27
Waiver of the 14-day waiting period for the distribution of the petition under Rule 15.5 filed by petitioner.
2022-05-27
Reply of petitioner Barry D. Romeril filed. (Distributed)
2022-05-23
Brief of respondent United States Securities and Exchange Commission in opposition filed.
2022-04-22
Brief amicus curiae of Hamilton Lincoln Law Institute filed.
2022-04-22
Brief amici curiae of Mark Cuban, et al.
2022-04-22
Brief amici curiae of Competitive Enterprise Institute, et al. filed.
2022-04-22
Brief amici curiae of Constitutional Law & First Amendment Scholars filed.
2022-04-22
Brief amici curiae of Due Process Institute filed.
2022-04-22
Brief amicus curiae of Thomas More Society filed.
2022-04-22
Brief amicus curiae of Pelican Institute for Public Policy filed.
2022-04-13
Motion to extend the time to file a response is granted and the time is extended to and including May 23, 2022.
2022-04-12
Motion to extend the time to file a response from April 22, 2022 to May 23, 2022, submitted to The Clerk.
2022-04-05
Blanket Consent filed by Respondent, United States Securities and Exchange Commission
2022-03-21
Petition for a writ of certiorari filed. (Response due April 22, 2022)

Attorneys

Barry D. Romeril
Floyd AbramsCahill Gordon & Reindel LLP, Petitioner
Margaret Ann LittleNew Civil Liberties Alliance, Petitioner
Competitive Enterprise Institute, et al.
Helgi C. Walker — Amicus
Constitutional Law & First Amendment Scholars
Lawrence S. EbnerAtlantic Legal Foundation, Amicus
Due Process Institute
Shana-Tara O'TooleDUE PROCESS INSTITUTE, Amicus
Hamilton Lincoln Law Institute
Theodore Harold FrankHamilton Lincoln Law Institute, Amicus
Mark Cuban, Phillip Goldstein, Elon Mush, Nelson Obus and Investor Choice Advocates Network
Thomas A. ZaccaroPaul Hastings LLP, Amicus
Pelican Institute for Public Policy
J. Mark GidleyWhite & Case LLP, Amicus
Thomas More Society
Thomas L. Brejcha Jr. — Amicus
United States Securities and Exchange Commission
Elizabeth B. PrelogarSolicitor General, Respondent