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The Reason Interview With Nick Gillespie

Can the Government Ban You from Telling the Truth?

The Reason Interview With Nick Gillespie

The Reason Interview With Nick Gillespie

News, Politics

4.7750 Ratings

🗓️ 11 March 2026

⏱️ 54 minutes

🧾️ Download transcript

Summary

Mark Chenoweth discusses the SEC’s gag rule, the power of the administrative state, and the legal battle over whether regulators can silence their critics.

Transcript

Click on a timestamp to play from that location

0:00.0

Our guest tonight is Mark Chenoweth. He's the president and chief legal officer of the new Civil Liberties Alliance.

0:10.4

He's a constitutional lawyer and he's leading an interesting legal campaign against a modern administrative state.

0:18.3

The new Civil Liberties Alliance brings cases challenging federal agency power,

0:23.6

including actions against the SEC, the IRS, and the FTC. You know, there are very few good

0:30.5

alphabet agencies, that's for sure. And you kind of attack all of them. About 50 so far, I think.

0:36.3

We're going to focus particularly on an SEC process, which is a gag rule on binding arbitration.

0:46.3

We'll get to that in a second.

0:47.8

But, Mark, first, thanks for talking a reason.

0:50.0

Great to be here.

0:50.5

Thanks for having me.

0:51.5

Let's start by just what is new about the civil liberties

0:56.2

that you are defending? Well, I mean, these are civil liberties that have been around from

1:01.5

at least the time of the Constitution in many cases before. But what's new about them is that

1:07.9

they have been neglected for a better part of the last 50, 100 years anyway.

1:13.6

And so we are trying to revitalize these constitutional civil liberties that should be familiar, but things like jury trial rights have been largely discarded when it comes to the administrative state.

1:24.6

And so we're trying to bring those back and make sure that people who are subject to administrative enforcement actions still get jury trials.

1:31.3

That's not something that I think should be a surprise that people have jury trial rights,

1:38.2

but it's something that we got away from.

1:40.6

Define the administrative state and give a quick history of how bad it's been getting over the past 50 or

1:48.1

100 years. So the administrative state is that you said alphabet soup of various acronym agencies,

1:55.9

mostly based in and around Washington, D.C., that control lots of different industries, right?

2:02.0

Whether it's the FCC and communications industry, whether it's Nuclear Regulatory Commission,

...

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