Elon Musk attempts to take SEC to Supreme Court over gag order he claims is unconstitutional

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  • Tesla CEO Elon Musk has signed onto an amicus brief that could prevent the Securities and Exchange Commission from issuing gag orders 
  • He is one of several business leaders supporting Barry Romeril, a former chief financial officer for Xerox, who signed onto an agreement with the SEC in 2003
  • As part of the agreement, he is not allowed to deny fraud charges against him
  • Romeril had claimed it was a violation of his First Amendment rights
  • But a group of business leaders including Musk are now arguing that it goes against the SEC’s mission to provide information to shareholders
  • The move comes after a federal judge upheld Musk’s 2018 agreement with the SEC that required a lawyer to censor what he tweets 
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