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Politics : Formerly About Advanced Micro Devices -- Ignore unavailable to you. Want to Upgrade?


To: Eric who wrote (1451728)4/12/2024 1:38:09 PM
From: i-node  Respond to of 1583380
 
>> Gag orders are there for a reason that you don't seem to understand.

I understand. Not sure you do.

Gag orders exist for ONE PURPOSE ONLY: That purpose is to protect the sanctity of the trial. Not to protect ANY witness, ANY family member, ANY defendant, the judge or his daughter's business interests, or to prevent the exercise of free speech.

The ONLY legitimate purpose of a gag order is to protect the process and outcome of the trial. What we are seeing today is the wholesale practice of prior restraint.
"Prior restraints—judicial orders that proactively prohibit people from talking, rather than allowing for after-the-fact litigation over what was said—are presumptively unconstitutional. Not allowing a broad swath of speech is antithetical to the First Amendment—and further, such an approach is generally overbroad, because speech at the edges of the gag order might be chilled. This is in contrast to a post-trial defamation suit against that newspaper for what it published about the trial, which allows for more procedural protections and less chilling, and is therefore less susceptible to scrutiny under the First Amendment."
So, gag orders do exist for a reason, but it is highly controversial and there is clearly no justification for gag orders in the Trump case where you are hearing the concept -- which is as stated above, "presumptively unconstitutional" -- since nothing Trump has said thus far is anything other than his First Amendment free speech right being exercised.