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firstamendmentcenter.org: Press - Topic (722 words) |
 | Though gag orders take many forms, the most common is a trial judge’s order prohibiting the participants in a case — the parties, lawyers, law enforcement officials and witnesses — from talking to the news media. |
| Although such orders infringe on the First Amendment rights of the persons gagged and of the media, the judges issuing and upholding them claim they are necessary to preserve parties’ rights to a fair trial. |
| In its opinion, the Court recognized gag orders as a legitimate means of controlling pretrial and trial publicity and criticized the Sheppard trial judge for not gagging the participants in that case. |
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