Understanding Gag Orders
A gag order, also known as a protective order or a judicial gag order, is a legal order issued by a court restricting certain parties from discussing specific information. These orders are typically used to protect sensitive information, ensure a fair trial, or maintain the privacy of individuals involved in legal proceedings. Gag orders can apply to a wide range of situations, including criminal cases, civil lawsuits, and government investigations.
Types of Gag Orders
There are two main types of gag orders: protective orders and judicial gag orders. Protective orders are typically used in civil cases to protect sensitive information, such as trade secrets or personal medical records, from being disclosed to the public. Judicial gag orders, on the other hand, are issued by judges in criminal cases to prevent parties from discussing specific details of the case that could unfairly influence public opinion or prejudice potential jurors.
Examples of Gag Orders
One famous example of a gag order is the case of Apple Inc. vs. FBI in 2016. The FBI requested Apple’s assistance in unlocking an iPhone used by one of the San Bernardino shooters. Apple refused to comply, citing privacy concerns for its customers. The court issued a gag order preventing Apple from publicly discussing the case, but the order was later lifted after the FBI was able to unlock the iPhone without Apple’s help.
Case Studies
In 2018, adult film star Stormy Daniels signed a non-disclosure agreement with then-president Donald Trump’s lawyer, Michael Cohen, regarding an alleged affair between Daniels and Trump. Daniels later filed a lawsuit to void the agreement, claiming that Trump never signed it. The court issued a gag order preventing Daniels from discussing the case publicly, but she has since written a book detailing her experience.
Statistics on Gag Orders
According to the Reporters Committee for Freedom of the Press, gag orders are becoming increasingly common in both criminal and civil cases. In 2019, there were over 700 cases in the United States where judges issued gag orders to prevent parties from discussing certain information publicly.
