What Is a Gag Order? Definition, Examples and More - Freedom Forum Formally known as a non-dissemination order, a gag order is a court-imposed restriction on what information during trial or preliminary proceedings can be released to the public and what those involved in the case can say about it Such orders often apply to everyone directly involved: lawyers, witnesses, defendants and plaintiffs Sometimes they apply only to specific participants
What Is Prior Restraint? Definition, Examples and More - Freedom Forum The Supreme Court ruled for the paper and overturned the gag order, calling the prior restraint “the essence of censorship ” The court left the door open to prior restraint in “exceptional cases” citing wartime and incitement to violence as potential examples Many prior restraint cases involved Jehovah’s Witnesses Most were struck
First Amendment Glossary: 70+ Terms Defined Gag order Formally known as a non-dissemination order, a gag order is a court-imposed restriction on what information during a trial or preliminary proceedings can be released to the public and what those involved in the case can say about it Learn more about gag orders
What Is Intentional Infliction of Emotional Distress? The court said that the First Amendment requires — much like it does in a defamation case — that a public figure show not only that there was a false statement of fact, but that the false statement was made with “actual malice” in order to win an intentional infliction of emotional distress lawsuit
Survey Says We’re Divided About Our Rights — and First Amendment Could . . . The First Amendment to the U S Constitution Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances
Perspective: Supreme Court Shouldn’t Make it Riskier to Scrutinize . . . The First Amendment to the U S Constitution Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances
What Are Fighting Words? Definition, Examples and More - Freedom Forum Fighting words don’t have a true idea or message, the court said, so the need to keep order can outweigh the need to protect the speech Fighting words are not meant to continue a conversation or exchange ideas They are intended to provoke a response beyond speech They are intended to cause the recipient to get violent
Government Speech Doctrine: First Amendment Analysis The First Amendment to the U S Constitution Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances
Can Candidates Lie in Political Ads? A First Amendment Analysis If they have rules for other ads – like requiring them to be true — they may hold candidates’ ads to the same standard and require them to be true in order to run on the platform Many social media platforms have chosen to enact policies that ban misleading or false claims that could interfere with people’s ability to vote in ongoing or upcoming elections
Government-Funded Media: Are NPR, PBS Cuts Legal? The order claims that government funding of news media is “outdated” and that neither PBS nor NPR present “a fair, accurate, or unbiased portrayal of current events to taxpaying citizens ” On May 27, NPR and three of its local stations filed a lawsuit against the Trump administration in federal court, arguing that the order violates the First Amendment