This pamphlet provides an overview of gag orders. Topics covered include uses of gag orders, constitutional considerations, and how to challenge a gag order.
Alabama USLegal Pamphlet on Gag Orders
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Example: In the 2004 Michael Jackson child molestation trial, the California Supreme Court upheld a gag order prohibiting Jackson, his accusers, and the attorneys in the case from publicly commenting on the case, except through statements approved in advance by the trial judge.
In May of 1836 the House passed a resolution that automatically "tabled," or postponed action on all petitions relating to slavery without hearing them. Stricter versions of this gag rule passed in succeeding Congresses.
A "gag order" is the term for when a judge prohibits the attorneys, parties, or witnesses in a pending lawsuit or criminal prosecution from talking about the case to the public.
Formally known as a non-dissemination order, a gag order is a court-imposed restriction on what information during trial or preliminary proceedings can be released to the public and what those involved in the case can say about it.
The narrow gag order prohibits Trump from making statements that target prosecutors, possible witnesses, and court staff. Shortly after it was imposed during a Monday hearing in Washington's federal court, Trump took to social media, vowing to appeal the order.
A gag order is a prior restraint that bears a heavy presumption against its constitutional validity. United States v. McKenzie, 697 F. 2d 1225, 1226 (5th Cir. 1983).
Formally known as a non-dissemination order, a gag order is a court-imposed restriction on what information during trial or preliminary proceedings can be released to the public and what those involved in the case can say about it.
Ultimately, the court gets to decide what happens if someone violates a gag order. Judges can threaten gag order violators with fines or jail time, but jailing a presidential candidate could prompt serious political blowback and pose logistical hurdles.
