Courts (especially in the US) have been known to equate all kinds of things with speech, so it's not unthinkable to equate the symbolic act of NOT doing something with a form of speech. Not standing for the the national anthem or Pledge of Allegiance, for example. So in THEORY a court could rule that the act of not doing something you might be expected to do, such as include a warrant canary, is still a form of speech, and in doing so you are violating your gag order.

Still, all theoretical and purely speculation, because as far as I know this has never been tested in court.

Part of the Apple all writs defense was the government can't force you to speak as it is a violation of the first amendment.

I do agree with the quotation though. I have a hard time believing government wouldn't somehow figure out a secret way to violate your first amendment such that you have no legal recourse.

> The SEC doesn't mind if you cancel a planned stock sale as an insider

Actually, they do tend to mind, and they will scrutinize you much more intensely if you engage in insider not-trading... it's just there's not much they can do about the non-sale in and of itself.