what is a gag order in a court case

what is a gag order in a court case

1 year ago 90
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A gag order is a court 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 can be issued by a judge, government, or private entity, and it requires individuals to refrain from making public comments. The purpose of a gag order is to ensure a fair trial, to facilitate efficient administration of justice, and to prevent prejudicial information from reaching the jury pool. However, 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 protect other valuable rights under the Constitution, such as the right to a fair trial, as well as the "true administration of justice". Gag orders may be necessary to prevent defendants from making extrajudicial statements that undermine the true administration of justice by tampering with the jury pool. Gag orders can also be made by executive agencies.

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