Tennessee Motion of Defendant for a Gag Order

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Multi-State
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US-02229BG
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Description

A gag order is type of order that is sometimes necessary to protect a person's right to a fair trial. It can also be called a suppression order or prior restraint order. Because of the important First Amendment rights of free speech involved, gag orders must be the least restrictive means to protect the interests involved.


Most, gag orders are used against participants involved in a lawsuit or criminal trial especially when it is a widely publicized or sensational case. It is also used to prevent media from publishing unwanted information on a particular topic. For example a criminal court can issue a gag order for the media if it believes that potential jurors will be influenced by the media reporting. In a widely-publicized or sensational case, the court, on motion of either party or on its own motion, may issue a special order governing such matters as extrajudicial statements by parties and witnesses likely to interfere with the rights of the accused to a fair trial by an impartial jury, the seating and conduct in the courtroom of spectators and news media representatives, the management and sequestration of jurors and witnesses, and any other matters that the court may deem appropriate for inclusion in such an order. In such cases, it may be appropriate for the court to consult with representatives of the news media concerning the issuance of such a special order.

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FAQ

In general, courts have held that gagging people involved in trials is more acceptable than similar orders issued against the press. In Gentile v. State Bar of Nevada (1991), the Supreme Court held that attorneys who make out-of-court statements are not entitled to the same level of protection as the media.

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 ...

The Supreme Court amendments provide that a defendant has waived his right to be present at the trial of a capital or noncapital case in two circumstances: (1) when he voluntarily absents himself after the trial has begun; and (2) where he "engages in conduct which is such as to justify his being excluded from the ...

Gag orders can be issued by a court (like the order imposed against Trump), government, or private entity, and require a person to refrain from making public comments, Middle Tennessee State University explains.

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.

The appeals court could ultimately uphold the gag order or find that the restrictions imposed by Chutkan went too far. Either way, the issue is likely to be appealed to the Supreme Court, although there's no guarantee the justices would take up the matter.

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.

The First Amendment protects freedom of speech. The Constitution also protects the right to a fair trial ? and sometimes publicly sharing information about a trial can interfere with that right. What happens when the rights to free speech and to fair trials come into tension? Sometimes, a judge may issue a gag order.

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Tennessee Motion of Defendant for a Gag Order