This pamphlet provides an overview of gag orders. Topics covered include uses of gag orders, constitutional considerations, and how to challenge a gag order.
Maine USLegal Pamphlet on Gag Orders
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US-PMPH-18
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FAQ
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.
When a new employee negotiates his/her salary, or when a worker negotiates a raise, the boss will often ask to keep the process quiet. It happens all the time, and most people won't suspect anything fishy is going on.
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 ...
In Allen, the court held that ?there are at least three constitutionally permissible ways for a trial judge to handle an obstreperous defendant like Allen: (1) bind and gag him, thereby keeping him present; (2) cite him for contempt; (3) take him out of the courtroom until he promises to conduct himself properly.? 397 ...
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.
Meaning of gagging order in English an official order not to discuss something, especially a legal case: issue a gagging order The judge issued a gagging order to prevent the witnesses from speaking to the press.
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.