This pamphlet provides an overview of gag orders. Topics covered include uses of gag orders, constitutional considerations, and how to challenge a gag order.
Rhode Island USLegal Pamphlet on Gag Orders
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US-PMPH-18
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FAQ
Summary. Infuriated by the anti-slavery petitions by groups like the American Anti-Slavery Society, pro-slavery members of the House of Representatives adopted rules prohibiting the House from officially receiving (and considering) any petition calling for the abolition of slavery.
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.
Gradually, as antislavery sentiment in the North grew, more Northern congressmen supported Adams's argument that, whatever one's view on slavery, stifling the right to petition was wrong. In 1844 the House rescinded the gag rule on a motion made by John Quincy Adams.
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.
Gag orders ? issued by a court, government or private entity ? require an individual to refrain from making public comments. Typically, judges issue injunctions barring trial participants ? including attorneys, litigants, and witnesses ? from discussing trial-related material outside the courtroom.
