No. 23-626

Elon Musk v. Securities and Exchange Commission

Lower Court: Second Circuit
Docketed: 2023-12-11
Status: Denied
Type: Paid
Amici (1)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: civil-rights constitutional-rights first-amendment free-speech government-action sec-enforcement settlement settlement-agreement standing unconstitutional-conditions
Key Terms:
FirstAmendment Securities Privacy
Latest Conference: 2024-04-26 (distributed 2 times)
Question Presented (AI Summary)

Whether a party's acceptance of a benefit prevents that party from contending that the government violated the unconstitutional conditions doctrine in requiring a waiver of constitutional rights in exchange for that benefit

Question Presented (from Petition)

QUESTION PRESENTED As acondition of settlement, the Securities and Exchange Commission demanded that petitioner waive his First Amendment rights to speak on matters ranging far beyond the charged violations. Petitioner challenged that requirement as an _ unconstitutional condition, but the court of appeals held that he could not bring such a challenge because he had acquiesced to the Commission’s demands. The question presented is: Whether a party’s acceptance of a benefit prevents that party from contending that the government violated the unconstitutional conditions doctrine in requiring a waiver of constitutional rights in exchange for that benefit.

Docket Entries

2024-04-29
Petition DENIED.
2024-04-10
DISTRIBUTED for Conference of 4/26/2024.
2024-04-05
2024-03-22
Brief of respondent U.S. Securities and Exchange Commission in opposition filed.
2024-02-14
Motion to extend the time to file a response is granted and the time is further extended to and including March 22, 2024.
2024-02-13
Motion to extend the time to file a response from February 21, 2024 to March 22, 2024, submitted to The Clerk.
2024-01-19
2024-01-16
Motion to extend the time to file a response is granted and the time is extended to and including February 21, 2024.
2024-01-12
Motion to extend the time to file a response from January 22, 2024 to February 21, 2024, submitted to The Clerk.
2023-12-21
Response Requested. (Due January 22, 2024)
2023-12-20
DISTRIBUTED for Conference of 1/5/2024.
2023-12-13
Waiver of right of respondent U.S. Securities and Exchange Commission to respond filed.
2023-12-07
2023-10-18
Application (23A342) granted by Justice Sotomayor extending the time to file until December 7, 2023.
2023-10-12
Application (23A342) to extend the time to file a petition for a writ of certiorari from October 22, 2023 to December 7, 2023, submitted to Justice Sotomayor.

Attorneys

Elon Musk
Ellyde Roko ThompsonQuinn, Emanuel, Urquhart & Sullivan, LLP, Petitioner
Ellyde Roko ThompsonQuinn, Emanuel, Urquhart & Sullivan, LLP, Petitioner
New Civil Liberties Alliance
Margaret Ann LittleNew Civil Liberties Alliance, Amicus
Margaret Ann LittleNew Civil Liberties Alliance, Amicus
U.S. Securities and Exchange Commission
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent