This pamphlet provides an overview of gag orders. Topics covered include uses of gag orders, constitutional considerations, and how to challenge a gag order.
Alaska USLegal Pamphlet on Gag Orders
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Multi-State
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US-PMPH-18
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FAQ
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.
When a new employee negotiates his/her salary, or when a worker negotiates a raise, the boss will often ask to keep the process quiet. It happens all the time, and most people won't suspect anything fishy is going on.
Meaning of gagging order in English an official order not to discuss something, especially a legal case: issue a gagging order The judge issued a gagging order to prevent the witnesses from speaking to the press.
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.
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.
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 ...
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 ...