what is gag order in court

what is gag order in court

1 year ago 39
Nature

A gag order is a court-imposed restriction on what information during trial or preliminary proceedings can be released to the public and what those involved in the case can say about it. It is usually a judges order directed at the attorneys, witnesses, and parties before the court not to publicly discuss the facts of a case. The goal 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. A gag order seeks to prevent public statements that could cause harm to the overall case or people involved that cannot be undone. Such orders often apply to everyone directly involved: lawyers, witnesses, defendants, and plaintiffs. However, gag orders may be necessary to protect other valuable rights under the Constitution, such as the right to a fair trial. The 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.

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