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Gag Orders and Free Speech Cases

  • Gentile v. State Bar of Nevada (1991)

In Gentile v. State Bar of Nevada, the court struck down Nevada’s limit on
attorney speech as too vague while upholding some restrictions on attorney
speech.

  • Nebraska Press Association v. Stuart (1976)

In Nebraska Press Association v. Stuart (1976), the Court ruled that a gag
order prior to jury impanelment violated the First Amendment right of
freedom of the press.

  • Oklahoma Publishing Co. v. Oklahoma County District Court (1977)

Oklahoma Publishing Co. v. Oklahoma County District Court (1977) found that
a gag order on news obtained in an open hearing violated the First
Amendment.

  • Sheppard v. Maxwell (1966)

Sheppard v. Maxwell (1966), which involved a murder trial, epitomized how a
circus-like “media” trial can pit First Amendment freedom against the right
to a fair trial.

  • United States v. Trump (D.C. Circuit Court) (2023)

The U.S. Court of Appeals for the D.C. District in U.S. v. Trump (No. 23-3190) upheld most parts of a gag order on former president Donald Trump in a criminal case in which he is charged with conspiring to overturn the 2020 presidential election results. The 68-page decision on Dec. 8, 2023, weighed Trump’s First Amendment-protected speech

ABOUT US

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The Free Speech Center is a nonpartisan, nonprofit public policy center dedicated to building understanding of the five freedoms of the First Amendment through education, information and engagement.

freespeechcenter@mtsu.edu

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FEATURE POSTS

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A contentious 12 months for the First Amendment

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