what is gag order

A gag order is a legal order by a court or government that restricts information or comment from being made public or passed onto any unauthorized third party. It is typically used to prevent prejudicial pre-trial publicity and to assure a fair trial. Gag orders can be issued by a judge to prohibit the attorneys, parties, or witnesses in a pending lawsuit or criminal prosecution from talking about the case to the public. They can also be used to keep trade secrets of a company, protect the integrity of ongoing police or military operations, and protect the privacy of victims or minors. However, they may be abused as a useful tool for those of financial means to intimidate witnesses and prevent the release of information, using the legal system rather than other methods of intimidation. Gag orders are sometimes used in an attempt to assure a fair trial by preventing prejudicial pre-trial publicity, although their use for this purpose is controversial since they are a potentially unconstitutional prior restraint that can lead to the presss using less reliable sources such as off-the-record statements and second- or third-hand accounts. 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. However, opponents of gag orders argue that judges should be subjected to strict standards before gagging trial participants. They also contend that judges frequently use gag orders without looking at viable alternatives and charge that many orders are too broad and should be limited to specific information. In addition, they hinder the newsgathering abilities of the press and restrict the flow of information to the public. Many civil libertarians and journalists see gag orders as a threat to the First Amendment guarantee of a free press, while judges see them as inherently necessary to maintain the integrity of the judicial process.