This pamphlet provides an overview of gag orders. Topics covered include uses of gag orders, constitutional considerations, and how to challenge a gag order.
Arizona USLegal Pamphlet on Gag Orders
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US-PMPH-18
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FAQ
California. Gag orders on the press are presumptively invalid and subject to constitutional strict scrutiny.
A gag order restricting the news media from publishing something that transpired in open court is usually an unconstitutional prior restraint on speech.
A gag order can also be made by an executive agency such as when President George Bush issued a gag order which forbade federally funded health clinics from giving out information about abortions, a gag order which President Bill Clinton rescinded on his first day in office, January 22, 1993.
Generally, gag orders are only constitutional if they meet strict scrutiny. In other words, a judge needs a compelling reason to issue a gag order.
In Congress, the House of Representatives used the ?gag rule? to prohibit discussions and debates of the anti-slavery petitions. In the late 1830s, Congress received more than 130,000 petitions from citizens demanding the abolition of slavery in Washington, D.C. and other federally- controlled territories.