what is gag order in legal terms

what is gag order in legal terms

1 year ago 41
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 order prohibits the attorneys, parties, or witnesses in a pending lawsuit or criminal prosecution from talking about the case to the public. The purpose of a gag order is to prevent prejudice due to pre-trial publicity which would influence potential jurors. It is also necessary to protect other valuable rights under the Constitution, such as the right to a fair trial. Gag orders can be issued by a court, government, or private entity, and require a person to refrain from making public comments. They are often imposed against trial participants to prevent them from discussing materials relevant to the case outside the courtroom. The Supreme Court previously ruled that a gag order is constitutional if it can protect the right to a fair trial, is as least restrictive as possible, and will be effective. Judges can threaten gag order violators with fines or jail time.

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