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3 Things to Know About Gag Orders | Spatz Law Firm, PL
1. What is a Gag Order?
A gag order occurs when a judge makes a ruling that a specific case cannot be discussed outside of the courtroom. This includes speaking of, writing about, or sharing any of the case’s information. The main purpose of a gag order is to control publicity and protect the right to a fair trial. This is most common in high profile cases and is aimed at keeping press and other forms of media out of the case. There is often a debate about whether or not gag orders conflict with the first amendment’s right to freedom of speech, but judges are careful to restrict only within the proper limits in order to not violate any constitutional rights.
2. Who is Affected By a Gag Order?
Gag orders are directed at both the defendant and prosecuting parties, the lawyers involved, the jurors, and any witnesses that may be testifying during the trial. These parties must adhere to the gag order as a way to restrict what information about the case may become available to media outlets in both civil and criminal cases. Court personnel who are in the courtroom during the trial are also typically expected to follow suit during a gag order.
3. What Happens When You Violate A Gag Order?
Gag Order - Definition, Examples, Cases, Processes
What is a Gag Order
A gag order is issued by the court to order individuals involved with a civil or criminal court case to refrain from disclosing certain information to the public, or to the press. People who are commonly the targets of gag orders include witnesses, attorneys, law enforcement officials, jurors, and other parties to a legal matter. Gag orders, sometimes referred to as “protective orders,” are a tool commonly used by judges to protect individuals’ right to a fair trial, to protect a company’s trade secrets, or to protect the identity and privacy of minors and victims. Because this type of order restrains people from releasing information, or from discussing the case in any manner, it may be considered a type of restraining order.
1. What is a Gag Order?
A gag order occurs when a judge makes a ruling that a specific case cannot be discussed outside of the courtroom. This includes speaking of, writing about, or sharing any of the case’s information. The main purpose of a gag order is to control publicity and protect the right to a fair trial. This is most common in high profile cases and is aimed at keeping press and other forms of media out of the case. There is often a debate about whether or not gag orders conflict with the first amendment’s right to freedom of speech, but judges are careful to restrict only within the proper limits in order to not violate any constitutional rights.
2. Who is Affected By a Gag Order?
Gag orders are directed at both the defendant and prosecuting parties, the lawyers involved, the jurors, and any witnesses that may be testifying during the trial. These parties must adhere to the gag order as a way to restrict what information about the case may become available to media outlets in both civil and criminal cases. Court personnel who are in the courtroom during the trial are also typically expected to follow suit during a gag order.
3. What Happens When You Violate A Gag Order?
Gag Order - Definition, Examples, Cases, Processes
What is a Gag Order
A gag order is issued by the court to order individuals involved with a civil or criminal court case to refrain from disclosing certain information to the public, or to the press. People who are commonly the targets of gag orders include witnesses, attorneys, law enforcement officials, jurors, and other parties to a legal matter. Gag orders, sometimes referred to as “protective orders,” are a tool commonly used by judges to protect individuals’ right to a fair trial, to protect a company’s trade secrets, or to protect the identity and privacy of minors and victims. Because this type of order restrains people from releasing information, or from discussing the case in any manner, it may be considered a type of restraining order.
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