Montgomery Maryland USLegal Pamphlet on Gag Orders

Name: Montgomery Maryland USLegal Pamphlet on Gag Orders
Brand: US Legal Forms
Rating: 4.55 (345 reviews)

Category:

Civil Procedure - Gag Orders

State:

Multi-State

County:

Montgomery

Control #:

US-PMPH-18

Format:

Instant download

Description

This pamphlet provides an overview of gag orders. Topics covered include uses of gag orders, constitutional considerations, and how to challenge a gag order.

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FAQ

STUDY. Are a form of Prior Restraint that prohibit parties, lawyers, prosecutors, witnesses, law enforcement officials, jurors and others from talking to the press. Gag Orders. Frequently such orders are sought by one party in a case, although judges may issue gag orders on their own initiative.

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.

Gag orders typically forbid individuals from talking about, publishing, or disseminating specified information. They can be imposed on parties to litigation to stop them from talking to the press, or on the press itself to stop it from publishing certain information.

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.

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.

Court set high standard for gag orders on media The Supreme Court in Sheppard v. Maxwell (1966) ruled that defendants are entitled to impartial juries and that trial court judges should take strong measures to uphold the right to a fair trial.

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

Nebraska Press v Stuart considers the constitutionality of a restrictive ("gag") order entered against the press preventing them from publishing information concerning the defendant's confession or "other facts strongly implicative of the accused." The Supreme Court, ruling unanimously, found the gag order to violate

Stuart, 427 U.S. 539 (1976), the Supreme Court unanimously ruled that a trial court judge did not have the authority to place gag orders on reporting about a specific crime prior to jury impanelment, finding it a form of prior restraint and in violation of the First Amendment right of freedom of the press.

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Montgomery Maryland USLegal Pamphlet on Gag Orders

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