Gagging Order

Gagging Order

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: a judicial ruling barring public disclosure or discussion (as by the press) of information related to a case

broadly

: a similar nonjudicial prohibition against the release of confidential information or against public discussion of a sensitive matter

Most recently, he’s been accused of violating an accompanying gag order , according to Billboard.

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Los Angeles Times , 27 Apr. 2022

There was no comment from either side after the judge imposed a temporary gag order that prevents the attorneys from publicly discussing the facts of the case.

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Meredith Deliso, ABC News , 18 Aug. 2022

Cassandra Burke Robertson, a law professor at Case Western Reserve University in Cleveland, said she would be shocked if the judge took any action regarding the documentary because of First Amendment concerns, even with the gag order .

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Juan A. Lozano, Chron , 30 Apr. 2022

Cassandra Burke Robertson, a law professor at Case Western Reserve University in Cleveland, said she would be shocked if the judge would take any action regarding the documentary because of First Amendment concerns, even with the gag order .

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Juan A. Lozano, USA TODAY , 29 Apr. 2022

Barry Mehler also agreed to a three-year gag order .

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Lorraine Taylor, Fox News , 1 Aug. 2022

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These example sentences are selected automatically from various online news sources to reflect current usage of the word 'gag order.' Views expressed in the examples do not represent the opinion of Merriam-Webster or its editors. Send us feedback .

From the Editors at Merriam-Webster
The words that defined the week of February 22nd, 2019
Gofer, gag order, polar vortex, squall, impact, hypothermia, windchill, incompetent
“Gag order.” Merriam-Webster.com Dictionary , Merriam-Webster, https://www.merriam-webster.com/dictionary/gag%20order. Accessed 29 Sep. 2022.

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see order sense 3b
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Genius is the ultimate source of music knowledge, created by scholars like you who share facts and insight about the songs and artists they love.
To learn more, check out our transcription guide or visit our transcribers forum
This song is a B-Side released in the Com Lag:2+2=5 EP. In contrast to most songs released at the time, it seems to have more personal than poltically oriented lyrics.

A gag order, also known as a “suppression order,” is an order made by a court or government official, restricting information from becoming public knowledge. In most cases, a gag order is issued by a judge for the purpose of preventing witnesses and jurors from obtaining information about the case outside court, to protect the integrity of the trial . On occasion, a judge may issue a gag order to prevent certain information from being passed on to third parties involved in the legal matter. To explore this concept, consider the following gag order definition.
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 .
In some cases, a judge may issue a gag order prohibiting the media itself from sharing information garnered before the criminal investigation has ended. An individual who violates the terms of a gag order is subject to criminal penalties similar to those imposed for contempt of court . Penalties for violating a gag order often include fines, and may include incarceration.
While a judge may issue a gag order in a legal matter of his own accord, any party to a legal action may request the issuance of such a restraining order. Technically, a judge cannot order an individual who is not involved in the case from discussing, or commenting on, it. This includes media reporters. By issuing a gag order, a judge effectively dictates how much the people involved in the trial share with the media, and the public.
A rarely used policy regarding the handling of unruly defendants in a trial is sometimes referred to as a gag order, as it involves the use of a physical gag to keep the defendant from further disrupting the trial. Although the U.S. Supreme Court upheld the constitutionality of the practice of binding and gagging defendants in the 1970 case Illinois v. Allen , it is rare in modern courts.
Today, the judge often gives such a defendant a warning that, if he continues with the disruptive behavior, he will be removed from the courtroom. If the defendant continues to act in a manner that makes it impossible to continue the trial, he may lose his right to be present during the hearing. In addition to removal from the courtroom, a judge may hold a disruptive defendant, or other disruptive party, in contempt of court.
While a gag order can be issued to participants in a court proceeding, members of the public who attend the proceedings cannot be ordered to not talk about what they observe. In addition, gag orders do not apply to open court proceedings, or to any official court documents that have not been sealed.
Doctors at Tufts Medical Center in Massachusetts diagnosed young Justina Pelletier with mitochondrial disease. However, medical professionals at Boston Children’s Hospital did not agree with the diagnosis, believing she suffers from somatoform disorder instead. Justina’s parents disagreed with the doctors in Boston, and tried to have their daughter discharged so they could return her to Tufts Hospital. When the parents arrived at the hospital to discharge Justina, they were charged with medical abuse. The report stated that the parents were seeking medical treatment that the girl did not need. The state took custody of Justina, and a legal battle ensued regarding custody of Justina, as well as her medical treatment.
On November 7, 2013, the court issued a gag order to prevent the Pelletiers from talking about the case to the media. This came about after a media investigation began by WTIC, a Connecticut NewsTalk station. The parents did not agree with the gag order, believing they need to gain support in order to save their daughter’s life.
Lou Pelletier, Justina’s father, spoke with an independent television news network about the controversy surrounding his daughter and her diagnosis. In doing so, Pelletier violated the gag order, and the judge found him to be in contempt of court.

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 updated in December of 2020 by the Wex Definitions Team ]

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