This pamphlet provides an overview of gag orders. Topics covered include uses of gag orders, constitutional considerations, and how to challenge a gag order.
New Mexico USLegal Pamphlet on Gag Orders
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US-PMPH-18
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FAQ
A gag order seeks to prevent public statements that could cause harm to the overall case or people involved that cannot be undone.
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.
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.
In general, a gag order prohibits a party from discussing a topic outside of court. This would generally be issued to keep the order of the court, or for public safety purposes. Violating the order would be considered contempt of court. Contempt of court can include fines and/or jail time.
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).
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 can also be made by an executive agency such as when President George Bush issued a gag order which forbade federally funded health clinics from giving out information about abortions, a gag order which President Bill Clinton rescinded on his first day in office, January 22, 1993.
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.
