New Civil Liberties Alliance (NCLA) is a 501(c)(3) nonprofit civil rights group founded in 2017 by Philip Hamburger. The group describes itself as nonpartisan with the mission of protecting "constitutional freedoms from violations by the Administrative State". According to the Charles Koch Foundation, the group "works to protect due process, free speech, and the right to privacy from threats on another front: administrative action".[1] The organization was founded with seed money from the Charles Koch Foundation, which continues to support it.[2] Tax documents indicate that in 2020, The 85 Fund, a nonprofit run by conservative legal activist Leonard Leo donated $1 million to the NCLA.[3]

In 2023, the NCLA filed an appeal with the Supreme Court of the United States on behalf of Emmanuel Lemelson, a Greek Orthodox priest and hedge fund manager charged with securities fraud but found liable of making statements that were untrue, though not fraudulent. The petition hinges on a constitutional freedom of expression question: can the SEC "punish commentary about publicly traded corporations that contains a few purported misstatements or omissions when a jury has cleared the accused of all fraud and deception charges"?[4][5]

Also in 2023, the NCLA represented Judge Pauline Newman of the United States Court of Appeals for the Federal Circuit with respect to efforts by colleagues on the court to unilaterally suspend her from her judicial duties. The NCLA obtained expert reports indicating that the judge was fit to serve, and challenged the constitutionality of the effective removal of an Article III United States federal judge from office without due process of law.[6]

See also

References

  1. "Civil Liberties Organizations: The People Protecting Your Fundamental Rights in America". Charles Koch Foundation. May 25, 2021. Retrieved August 29, 2023.
  2. Cunningham, Maurice (June 7, 2020). "Koch behind the challenge to Baker's powers". CommonWealth. Retrieved August 29, 2023.
  3. "Return of Organization Exempt From Income Tax - The 85 Fund". November 15, 2021.
  4. Raymond, Nate (August 2, 2023). "Priest asks US Supreme Court to bar SEC penalty on free speech grounds". Reuters.
  5. "NCLA Asks Supreme Court to Hear Securities Law Appeal with Major First Amendment Implications (Press Release)". New Civil Liberties Alliance. August 1, 2023. Retrieved 2023-01-01.
  6. Thomas, David (September 7, 2023). "Lawyers say exam shows 96-year-old US appeals judge still fit to serve". Reuters.
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