This pamphlet provides an overview of gag orders. Topics covered include uses of gag orders, constitutional considerations, and how to challenge a gag order.
USLegal Pamphlet on Gag Orders
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Description Gag Order Template
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California courts have not expressly addressed media standing to challenge gag orders. However, one court recognized the right of a third party to challenge a gag order because of its interest in the case.
Gag orders issued by a court, government, or private entity require an individual to refrain from making public comments. Typically, judges issue injunctions barring trial participants including attorneys, litigants, and witnesses from discussing trial related material outside the courtroom.
Judges issue gag orders to ensure a fair trial, to facilitate efficient administration of justice, and to prevent prejudicial information from reaching the jury pool.
According to the Court, it is constitutionally permissible to subordinate the First Amendment rights of attorneys participating in a pending case to a party's interest in obtaining a fair trial.By statute or court rule, gag orders are often placed on grand jury participants.
A court order to gag or bind an unruly defendant or remove her or him from the courtroom in order to prevent further interruptions in a trial.However, the U.S. Supreme Court has upheld the constitutionality of the practice in cases where a defendant is particularly disruptive.
To prevent the companies from doing so, federal law enforcement typically obtains a non-disclosure order pursuant to 18 U.S.C. § 2705(b) from a federal magistrate court. These gag orders have generally not had a definite expiration date.
A gag order occurs when a judge makes a ruling that a specific case cannot be discussed outside of the courtroom. This includes speaking of, writing about, or sharing any of the case's information.
What Happens if You Break a Gag Order? If you break a gag order, a court may find you in contempt and issue a fine or sentence you to jail time. If you break a non-disclosure agreement, a company may have a right to sue. You may lose your job or face other punishments.
U.S. Court of Appeals rules gag orders are unconstitutional, unenforceable.The ruling holds that gag orders equate to hush money to keep victims quiet, making them unconstitutional.