QuoteA gag order (also known as a gagging order or suppression order ) is an order, sometimes a legal order by a court or government, other times a private order by an employer or other institution, restricting information or comment from being made public.
Gag orders are often used against participants involved in a lawsuit or criminal trial. They are also a tool to prevent media from publishing unwanted information on a particular topic. A Criminal Court, for instance, will issue a gag order on the media if the judge believes that potential jurors in a future trial will be influenced by the media reporting or speculation on the early stages of a case. Another example might be to ensure police are not impeded in their investigations by media publicity about a case.
In a similar manner, a 'gag law' is intended to limit freedom of the press , by instituting censorship or restricting access to information.
United States
A National Security Letter , an administrative subpoena used by the FBI , has an attached gag order which restricts the recipient from ever saying anything about being served with one. [ 8 ] The government has issued hundreds of thousands of such NSLs accompanied with gag orders. The gag orders have been upheld in court.
In the United States, a court can order parties to a case not to comment on it but has no authority to stop unrelated reporters from reporting on a case. Most statutes which restrict what may be reported have generally been found unconstitutional and void. However, the gag provisions of the WIPO Copyright and Performances and Phonograms Treaties Implementation Act have been upheld.
The trials of Guantanamo Bay suspects have also been subjected to a gag order, which has hindered public scrutiny.Likewise, as part of a plea bargain John Walker Lindh consented to a gag order to not talk to the press or others.
