Arkansas Motion of Defendant for a Gag Order

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Multi-State
Control #:
US-02229BG
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Word; 
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Description

A gag order is type of order that is sometimes necessary to protect a person's right to a fair trial. It can also be called a suppression order or prior restraint order. Because of the important First Amendment rights of free speech involved, gag orders must be the least restrictive means to protect the interests involved.


Most, gag orders are used against participants involved in a lawsuit or criminal trial especially when it is a widely publicized or sensational case. It is also used to prevent media from publishing unwanted information on a particular topic. For example a criminal court can issue a gag order for the media if it believes that potential jurors will be influenced by the media reporting. In a widely-publicized or sensational case, the court, on motion of either party or on its own motion, may issue a special order governing such matters as extrajudicial statements by parties and witnesses likely to interfere with the rights of the accused to a fair trial by an impartial jury, the seating and conduct in the courtroom of spectators and news media representatives, the management and sequestration of jurors and witnesses, and any other matters that the court may deem appropriate for inclusion in such an order. In such cases, it may be appropriate for the court to consult with representatives of the news media concerning the issuance of such a special order.

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FAQ

Gag orders are more typically imposed on defense lawyers instead of defendants, who under normal circumstances tend not to talk publicly about their cases out of self-interest. And gag orders are more typically about preventing the jury from being tainted by hearing about the case outside the courtroom, while Mr.

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 federal appeals court on Friday temporarily froze the limited gag order issued against Donald Trump in the former president's election subversion criminal case in Washington, DC, allowing him to again speak freely with criticism of possible witnesses in the case.

Such orders often apply to everyone directly involved: lawyers, witnesses, defendants and plaintiffs. Sometimes they apply only to specific participants. Such orders should be of concern anytime they are issued.

In order for a gag order based on the defendant's right to a fair trial to prevail, a court must determine from the evidence before it (a) the nature and extent of pretrial news coverage; (b) whether other measures would be likely to mitigate the effects of unconstrained pretrial publicity; and (c) how effectively a ...

This is typically done in criminal cases of particular notoriety in order to assure the defendant receives a fair trial. A gag order may also bind and gag or restrain an unruly defendant in order to preserve the decorum of court proceedings.

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.

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Arkansas Motion of Defendant for a Gag Order