San Bernardino California USLegal Pamphlet on Gag Orders

Name: San Bernardino California USLegal Pamphlet on Gag Orders
Brand: US Legal Forms
Rating: 4.55 (345 reviews)

Category:

Civil Procedure - Gag Orders

State:

Multi-State

County:

San Bernardino

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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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.

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.

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.

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

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 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.

It was recently revealed that the U.S. Department of Justice sought and obtained gag orders against CNN, the New York Times, the Washington Post, their attorneys and executives, related to criminal investigations regarding leaks of national security secrets.

As a judicial order, the gag order can be overturned by the courts. And media reporters have standing to challenge an order, with the 'injury in fact' being the harm to their newsgathering.

When you violate any court order, you are held in contempt of the court (or contempt). The same applies when you violate a gag order. The consequences of such may include a more stringent order, a fine for disobeying the order, or, in some cases, even imprisonment.

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San Bernardino California USLegal Pamphlet on Gag Orders

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Do gag orders violate the First Amendment?

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