This pamphlet provides an overview of gag orders. Topics covered include uses of gag orders, constitutional considerations, and how to challenge a gag order.
North Carolina USLegal Pamphlet on Gag Orders
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FAQ
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.
Gag orders are sometimes used in an attempt to assure a fair trial by preventing prejudicial pre-trial publicity, although their use for this purpose is controversial since they are a potentially unconstitutional prior restraint that can lead to the press's using less reliable sources such as off-the-record statements ...
A gag order lasts until the case is over. This means that if a judge uses a gag order on you, you will have to follow that order until your case is completely finished.
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 general, a gag order prohibits a party from discussing a topic outside of court. This would generally be issued to keep the order of the court, or for public safety purposes. Violating the order would be considered contempt of court. Contempt of court can include fines and/or jail time.
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.
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.
She notes that gag orders are in general considered in order to preserve the integrity and fairness of the trial and to prevent prejudicing the jury, and that it doesn't violate the First Amendment if speech in a case has a likelihood of tainting the jury pool or undermining the proceeding.