Queens New York USLegal Pamphlet on Gag Orders

Name: Queens New York USLegal Pamphlet on Gag Orders
Brand: US Legal Forms
Rating: 4.55 (345 reviews)

Category:

Civil Procedure - Gag Orders

State:

Multi-State

County:

Queens

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

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

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.

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.

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.

However, gag orders on the press must meet high standards set by the courts to avoid prior restraint. (AP Photo/Lenny Ignelzi, with permission from the Associated Press.) Gag orders issued by a court, government, or private entity require an individual to refrain from making public comments.

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

Typically, a gag order extends until the trial process concludes. Given that the main reason for issuing such an order is ensuring a fair trial, it is usually removed after the case ends. If a gag order restricts you or someone you know, you can speak as soon as the trial ends.

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.

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Queens New York USLegal Pamphlet on Gag Orders

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