The panel erred, and departed from decisions of this Court, other Circuits, and the Supreme Court, when it held that the notice and opportunity Romeril had to decline the settlement satisfied due process of law. In fact, (I) the condition sought a prior restraint, which would impact the First Amendment rights of others not before the District Court, (II) Romeril had standing to protect those rights, and (III) Romeril established that the prior restraint violated the rights of others because it restricted his speech beyond the settlement’s scope.

This brief was filed in conjunction with the Competitive Enterprise Institute, the Reason Foundation, and Rodney Smolla.

Read the full amicus brief here.

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