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Powell et al. v. SEC: A Fight for Free Speech and Accountability

Fight for Free Speech and Accountability

Since September 2021, Publius has appeared in these columns as an anonymous critic of the U.S. Securities and Exchange Commission’s continuous regulatory overreach. From the commission’s whistleblower program to its internal failures, the columns have endeavored to expose the hypocrisy and inequality fostered by the SEC Enforcement Division. Many readers have shared their experiences and thoughts on the SEC, reinforcing the need for transparency and accountability. Today, I reveal my identity as Thomas J. Powell, one of the many individuals unjustly impacted by the SEC’s unconstitutional policies.

I am unveiling my identity because I have joined forces with the New Civil Liberties Alliance and several brave business owners, including the Reason Foundation and The Cape Gazette, to challenge the commission’s unjust and draconian Gag Rule. Together, we have filed a petition—Powell et al. v. SEC – with the U.S. Court of Appeals for the Ninth Circuit to review and overturn the SEC’s illegal Gag Rule, a petition which was recently supported by 16 research organizations, advocacy groups, and law firms who filed 11 amici curiae briefs.

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