Gag Orders and Free Speech
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.
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) found that
a gag order on news obtained in an open hearing violated the First
Amendment.
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.
