Pennsylvania USLegal Pamphlet on Gag Orders

State:
Multi-State
Control #:
US-PMPH-18
Format:
Word; 
Rich Text
Instant download

Description

This pamphlet provides an overview of gag orders. Topics covered include uses of gag orders, constitutional considerations, and how to challenge a gag order.

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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.

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.

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.

California. Gag orders on the press are presumptively invalid and subject to constitutional strict scrutiny. Freedom Communications, Inc.

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.

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.

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.

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.

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.

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Pennsylvania USLegal Pamphlet on Gag Orders