This pamphlet provides an overview of gag orders. Topics covered include uses of gag orders, constitutional considerations, and how to challenge a gag order.
Iowa USLegal Pamphlet on Gag Orders
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US-PMPH-18
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FAQ
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.
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 a prior restraint that bears a heavy presumption against its constitutional validity. United States v. McKenzie, 697 F. 2d 1225, 1226 (5th Cir. 1983).
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.
Prior restraint can take many forms. For example, the government or a government agency may refuse to grant a permit or license to a group that seeks to engage in free expression. Think of a political group that wants to stage a protest in front of City Hall.
Gag orders on the press represent a form of prior restraint and are seldom upheld.
Definitions of gag. restraint put into a person's mouth to prevent speaking or shouting. synonyms: muzzle. type of: constraint, restraint. a device that impede's something's motion.
A gag order (also known as a gagging order or suppression order) is an order, typically a legal order by a court or government, restricting information or comment from being made public or passed onto any unauthorized third party.