Judges Keep Knocking SEC Gag Rule but Defendants Can’t Find a Way to Evade It

…The New Civil Liberties Alliance, which initiated both the Romeril and Novinger challenges to the SEC gag rule, is now trying a procedurally different tack. The group has returned to a Texas trial court in the Novinger case, filing a motion for a declaratory judgment that the SEC gag provision is unconstitutional. The SEC responded that Novinger can’t get past the procedural rules via declaratory relief…

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