gag order
A "gag order" is the term for when a judge prohibits the attorneys, parties, or witnesses in a pending lawsuit or criminal prosecution from talking about the case to the public. 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 . See Carroll v. Princess Anne . In Nebraska Press Ass’n v. Stuart , the U.S. Supreme Court considered the following factors in analyzing the constitutionality of a gag order: “(a) the nature and extent of pretrial news coverage; (b) whether other measures would be likely to mitigate the effects of unrestrained pretrial publicity; and (c) how effectively a restraining order would operate to prevent the threatened danger [of an unfair trial for defendant].” In that case , however, the Court found that a lower court’s gag order was justified because publicity of alleged shocking crimes would be widespread and would likely reach a jury, impairing the defendant’s right to a fair trial.
[Last reviewed in December of 2020 by the Wex Definitions Team ]
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