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gag order

n. a judge's order prohibiting the attorneys and the parties to a pending lawsuit or criminal prosecution from talking to the media or the public about the case. The supposed intent is to prevent prejudice due to pre-trial publicity which would influence potential jurors. A gag order has the secondary purpose of preventing the lawyers from trying the case in the press and on television, and thus creating a public mood (which could get ugly) in favor of one party or the other. Based on the "freedom of the press" provision of the First Amendment, the court cannot constitutionally restrict the media from printing or broadcasting information about the case, so the only way is to put a gag on the participants under the court's control. In Canada, however, the media can be restricted, as in a famous case in which American newspapers were smuggled across the border to report on a particularly lurid sex-murder case in which a second accused person was yet to be tried. A gag order can also be made by an executive agency such as when President George Bush issued a gag order which forbade federally funded health clinics from giving out information about abortions, a gag order which President Bill Clinton rescinded on his first day in office, January 22, 1993.


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The People's Law Dictionary by Gerald and Kathleen Hill Publisher Fine Communications

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