Gag order - sustany/dvg GitHub Wiki

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.�