This pamphlet provides an overview of gag orders. Topics covered include uses of gag orders, constitutional considerations, and how to challenge a gag order.
Wyoming USLegal Pamphlet on Gag Orders
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US-PMPH-18
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How to fill out USLegal Pamphlet On Gag Orders?
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FAQ
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.
Judges issue gag orders to ensure a fair trial, to facilitate efficient administration of justice, and to prevent prejudicial information from reaching the jury pool.
A gag order is a prior restraint that bears a heavy presumption against its constitutional validity. United States v. McKenzie, 697 F. 2d 1225, 1226 (5th Cir. 1983).
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.
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.
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" 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.
