In the United States Court of Appeals for the Second Circuit
SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee,
BARRY D. ROMERIL, Defendant-Appellant,
PAUL ALLAIRE, G. RICHARD THOMAN, PHILIP D. FISHBACH, DANIEL S. MARCHIBRODA, AND GREGORY B. TAYLER, Defendants.
On Appeal from the United States District Court for the Southern District of New York No. 03-cv-4087-DLC; Hon. Denise L. Cote
Brief for Amicus Curiae The Institute for Free Speech, Competitive Enterprise Institue, Reason Foundation, and Rodney Smolla in Support of Defendant-Appellant’s Petition for Rehearing or Rehearing En Banc
The condition that the Securities & Exchange Commission imposed on Barry Romeril’s settlement of its claims infringes on the First Amendment rights of all who wish to hear Romeril’s story. Those persons were not parties to the proceedings below and had no opportunity to oppose imposition of that condition on the settlement. This Court should rehear this case en banc because the panel decision failed to consider this point and departs from prior decisions of this Court, other Circuit Courts of Appeals, and the Supreme Court.