what is a gag order in legal terms

11 months ago 21
Nature

A gag order is a legal term that refers to a judges order prohibiting the attorneys, parties, or witnesses in a pending lawsuit or criminal prosecution from talking to the media or the public about the case. The purpose of a gag order is to prevent prejudice due to pre-trial publicity that could influence potential jurors. 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 may also bind and gag or restrain an unruly defendant in order to preserve the decorum of court proceedings. However, a court will scrutinize any gag order under the right of free expression, protected by the First Amendment, and applies a heavy presumption against its constitutional validity, as with any prior restraint. The court cannot constitutionally restrict the media from printing or broadcasting information about the case, so the only way is to put a gag on the participants under the courts control.