what is a gag order by a judge

1 year ago 26
Nature

A gag order is a judges order that prohibits the attorneys, parties, or witnesses in a pending lawsuit or criminal prosecution from talking about the case to the public. The order is usually directed at the attorneys, witnesses, and parties before the court not to publicly discuss the facts of a case, especially in criminal cases of particular notoriety, to assure the defendant receives a fair trial. The order may also bind and gag or restrain an unruly defendant in order to preserve the decorum of court proceedings. The Constitution guarantees the right to free speech, and courts are generally reluctant to abridge those rights. However, gag orders may be necessary to protect other valuable rights under the Constitution, such as the right to a fair trial and the true administration of justice. Courts will scrutinize any gag order under the right of free expression, protected by the First Amendment, and apply a heavy presumption against its constitutional validity, as with any prior restraint. 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.