U.S. Securities and Exchange Commission building in Washington, D.C. January 5, 2019. Can a Constitutional Right be Waived?
There is nothing in the Constitution that would bar the waiver of freedom of speech.
April 25, 2022 at 01:41 PM
2 minute read
In the coming months, the United States Supreme Court will decide whether to hear a case in which the Securities and Exchange Commission (SEC), as a condition of settlement of a matter in which a person was charged with misleading investors, required him to refrain from making any public statement admitting or denying the charges. The person agreed but later sued the agency wanting to be released from the condition. The request was denied. The U.S. Court of Appeals for the Second Circuit subsequently ruled in favor of the SEC. Some constitutional experts disagree with decision on the ground that the right of free speech under the First Amendment cannot be waived.
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