This pamphlet provides an overview of gag orders. Topics covered include uses of gag orders, constitutional considerations, and how to challenge a gag order.
South Dakota USLegal Pamphlet on Gag Orders
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US-PMPH-18
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FAQ
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.
If a former government official writes a book containing insider information and the government seeks an injunction to suppress the publication and distribution of the book, this would be an example of an attempt at prior restraint.
To stop up the mouth of (a person) by putting something in it, thus preventing speech, shouts, etc. to restrain by force or authority from freedom of speech; silence.
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).
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.
In First Amendment law, prior restraint is government action that prohibits speech or other expression before the speech happens.
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 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.