This pamphlet provides an overview of gag orders. Topics covered include uses of gag orders, constitutional considerations, and how to challenge a gag order.
Hawaii USLegal Pamphlet on Gag Orders
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US-PMPH-18
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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.
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.
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.
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 ...
Typically, judges issue injunctions barring trial participants ? including attorneys, litigants, and witnesses ? from discussing trial-related material outside the courtroom. In general, courts have held that gagging people involved in trials is more acceptable than similar orders issued against the press.
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.
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.
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.