This pamphlet provides an overview of gag orders. Topics covered include uses of gag orders, constitutional considerations, and how to challenge a gag order.
West Virginia USLegal Pamphlet on Gag Orders
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FAQ
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 ...
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.
A gag order is an order limiting a persons speech, they're used in cases where defendants harass the other people involved in the case including court staff, prosecutors, and even jury members. They are fairly common and usually carry the consequences of losing their pre-trial release.
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.
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 ...