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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

Fiduciary Rule Slammed as First Amendment Violation: Fiduciary Rule Slammed as First Amendment Violation

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