Gag orders issued in criminal cases and less often in civil cases, are supposedly done to control publicity and protect the right to a fair trial. Such orders are supposed to balance the right to a fair trial with the First Amendment free speech rights of the people being silenced.
Because courts have almost always overturned trial judges’ attempts to restrict the news media’s right to report on cases, gag orders typically apply to participants in a case. This is especially true today with the widespread use of social media. Citizen journalists abound and would be far more difficult to control.
Special Prosecutor Jack Smith did the expected. We all knew this was coming. On Friday last week, U.S. District Court Judge Tanya Chutkan unsealed previously hidden court filings revealing the DOJ’s request to silence Donald Trump via a judicial gag order [Read PDF Here].
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