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McGraw-Hill fighting two subpoenas from Commodity Futures Trading Commission.


The CFTC CFTC

See: Commodity Futures Trading Commission


CFTC

See Commodity Futures Trading Commission (CFTC).
 has asked a U.S. District Court judge in Houston to order McGraw-Hill to obey Obey can refer to:
*Obedience, the act of following instructions or recognizing someone's authority.
*André Obey, the 20th century French playwright.
*David Obey, US Congressman from Wisconsin.
 two subpoenas seeking documents related to its Platts natural gas pricing surveys, which the agency says may be based on false information provided by the notorious Enron and other energy trading companies.

McGraw-Hill says it has turned over about 900 pages of documents that describe the Platts pricing survey methodology and other relevant information, but it has declined to provide documents it claims were produced from information provided by confidential sources.

That confidentiality is afforded, McGraw-Hill claims, under the First Amendment guarantees of freedom of the press, but the CFTC argues that the publisher is not subject to First Amendment guarantees because it sells it price surveys to the energy industry rather than to the general public.

This is an old argument used by various federal agencies and has been struck down repeatedly. If the CFTC were to prevail in its interpretation, First Amendment attorneys say that would seriously threaten any specialized spe·cial·ize  
v. spe·cial·ized, spe·cial·iz·ing, spe·cial·iz·es

v.intr.
1. To pursue a special activity, occupation, or field of study.

2.
 information publisher-in other words, all of us in newsletter publishing.

The commission's inquiry into Platt's price reporting arose out of its investigations of allegations that Enron and other companies manipulated gas prices. McGraw-Hill is not being accused of complicity com·plic·i·ty  
n. pl. com·plic·i·ties
Involvement as an accomplice in a questionable act or a crime.


complicity
Noun

pl -ties
 in the price manipulation. It argues that the agency's subpoenas to turn over information provided by the publisher's promise of press confidentiality is a clear violation of its constitutional publishing rights.

McGraw-Hill is scheduled to argue its case before the Houston judge on June 2.

McGraw-Hill, 1221 Avenue of the Americas, New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
, NY 10020, 212-904-2000, www.mcgrawhill.com.

SEC vs. Agora agora (ăg`ərə) [Gr.,=market], in ancient Greece, the public square or marketplace of a city. In early Greek history the agora was primarily used as a place for public assembly; later it functioned mainly as a center of commerce.  

Meanwhile, Agora Inc. has until June 24 to file its response to the SEC's complaint that it made e-mail offers to sell inside information concerning government approval of a contract which would affect a company's stock (NL/NL 4/30/03).

Myles Norin, CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board.  of Agora's U.S.-based operations, said the publicity surrounding the SEC's original complaint has already hurt their business. Subscribers, vendors and other newsletter companies from whom it rents mailing lists An automated e-mail system on the Internet, which is maintained by subject matter. There are thousands of such lists that reach millions of individuals and businesses. New users generally subscribe by sending an e-mail with the word "subscribe" in it and subsequently receive all new  have said they want to cut business ties with the publisher. "I know Agora will be vindicated in the end. I just hope our reputation isn't tarnished by this process," Norin said.

Agora. 102 Monument St., Baltimore. MD 21201, 410-783-8499, www.agora-inc.com
COPYRIGHT 2003 The Newsletter on Newsletters LLC
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2003, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:The Newsletter on Newsletters
Geographic Code:1USA
Date:May 31, 2003
Words:388
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