Case Detail

Chamber of Commerce, et al. v. Department of Labor
On May 9, 2017, WLF filed a brief in a Fifth Circuit case that challenges the Department of Labor’s (DOL) Fiduciary Rule. The case arises from DOL’s attempt to impose new burdens on speech around the sale of retirement products. As WLF’s brief explains, the Rule drastically expands the definition of a “recommendation” so that a “fiduciary” is anyone who participates in communication that “would reasonably be viewed as a suggestion” to “engage in or refrain from taking a particular course of action.” WLF’s brief focuses on DOL’s violation of the First Amendment by creating a rule that discriminates against speech based on its content and the identity of the speaker. A content-based restriction on speech must meet strict scrutiny, and WLF argues that the Rule fails this test.
Case Status:
Awaiting oral argument.
More Information and Downloads:
5/9/2017: Download the Brief
The DI Wire:  Legal Group Argues Fiduciary Rule Violates Free Speech 
ASPPA Net:  2nd Voice Weighs in on 1st Amendment Challenge to Fiduciary Rule 
BloombergBNA:  Fiduciary Rule Violates First Amendment, Law Firm Argues 
Fiduciary Rule Slammed as First Amendment Violation:  Fiduciary Rule Slammed as First Amendment Violation 
Forbes.com:  Department Of Labor's Fiduciary Rule Is Vulnerable On First Amendment Grounds 
Law360:  Fiduciary Rule Flouts First Amendment, 5th Circ. Told 
Press Release: WLF Combats Free Speech Burdens Produced by Drastic Dept. of Labor Rule Change
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