Section 12.34 Gag Orders

• Library: Criminal Practice 2012 Supp

7. (§12.34) Gag Orders

Pretrial and trial publicity is often a major obstacle to a fair and orderly trial. Efforts to mitigate or halt such publicity may include a gag order on the news media or on the parties, witnesses, and attorneys involved in the case.

Gag orders are extremely difficult to draw constitutionally. Neb. Press Assn. v. Stuart, 427 U.S. 539 (1976); Richmond Newspapers, Inc. v. Va., 448 U.S. 555 (1980); but see Sheppard v. Maxwell, 384
U.S. 333 (1966). Gag orders are permissible as to the...