There can be no serious dispute that the district court’s gag order violates the First Amendment. The order threatens to imprison an American citizen if he makes certain statements that are critical of a powerful federal agency. In no way is that constitutional. The Second Circuit blessed this suppression anyway—on the ground that Mr. Romeril “consented” toit when he agreed to settle the Commission’s chargesagainst him. But that disregards the unconstitutional conditions doctrine and decades of this Court’s precedents enforcing it.
Competitive Enterprise Institute, Cato Institute, Institute for Justice and Institute for Free Speech Amicus Brief, United States Supreme Court (April 22, 2022)