A gag order can be defined as a legal restraint, normally a signed order by a court or governing body, limiting public or private communication or information from being conveyed or released to any unauthorized third party. The term can also be used in regards to a private document or contract between an employer and another organization. In this case the employer would issue a written contract or employment agreement and include in it a clause which explicitly states that any information released will be subject to the gag order. There are many different types of gag orders and there are different reasons for issuing them. They can be issued in response to a harassment claim, to protect confidential business information, to maintain the reputation of a company, or to protect against irresponsible behavior of an employee.
The most common reason for the issuance of gag orders is during trials: Often, during a criminal trial, witnesses and/or lawyers are prevented from giving further details about the crime or crimes committed. This can often create great difficulties for the defense attorney to prepare their case and build their case for trial. This can often mean that the suspect has left out crucial details and information which can ultimately strengthen their case. The judge will issue the gag order to prevent any testimony or information about the crime from being given.
During trials, even more so than in civil court: it is important to ensure that the defendant has their constitutional rights protected. There are two primary reasons why this is necessary; first, in a criminal trial the gag order can prevent the accused person from being able to explain their actions to protect their constitutional rights; and second, the gag order can also prevent the opposing party from getting any kind of evidence against the defendant. Both of these can result in long-term problems in the case, possibly prolonging the trial for years, if not causing it to be retried improperly. Both the defense and the prosecution need to have a fair trial with unbiased witnesses. Any testimony from either side that is used against the defendant can place their credibility into question, which can easily be avoided by using proper procedure during a trial.
The First Amendment of the United States Constitution protects: the right of an individual to speak freely and expressively to the press, religion, or others. However, if the speech creates “substantial doubt as to whether the speaker is guilty of the charge”, it can be found “abuses” under the law. If a person’s constitutional rights are violated when they are engaged in a lawful legal matter, the person can seek compensation for their actions. In instances such as these, a judge may issue a gag order that prevents the accused person from speaking about the case to any other parties involved.
This is often the situation: when one party is looking to gather proof against another person. It is sometimes even necessary for witnesses to protect themselves from being identified, and a gag order can prevent them from doing so. The judge will issue a temporary restraining order (TRO). The TRO states that any statements or information that is received by the opposing lawyer cannot be passed around throughout the courtroom or publicly discussed by anyone else. This can include information given during depositions or trial.
In some cases, the gag order may prevent: the opposing lawyer from telling certain key details about the case. In other cases, the information may not be allowed altogether. Even in legal matters, gag orders can be abused. For example, it has been found in court cases that a witness’ answer to questions was used to draw out of him crucial information about the case, or that a person spoke with a specific person about a crime he did not commit.
If you ever feel that your constitutional rights have been violated during any part of a trial, it is important to speak with an experienced litigation attorney who can assist you in preserving your rights and fighting back.
