12A

A. Media standing to challenge third-party gag orders

A. Media standing to challenge third-party gag orders

Overview

Illinois

It is an open issue as to whether the press has standing to challenge protective “gag” orders prohibiting trial participants from speaking to the media, but not directly gagging the press, although there are cases suggesting that media should have the right because a gag on participants acts as an indirect restraint on the press. See, e.g., People v. Kelly, No. 1-08-1728, 2009 WL 4795808, at *26 (Ill. App. Ct. 1st Dist. Dec. 11, 2009) (noting that argument against standing was waived and citing In re J.S., 267 Ill. App. 3d 145, 640 N.E.2d 1379, 204 Ill. Dec.

A. Media standing to challenge third-party gag orders

Overview

Indiana

See South Bend Tribune v. Elkhart Circuit Court, 691 N.E.2d 200, 201 n.3 (Ind. 1998) (“The order allowing intervention [by media outlets to quash a gag order preventing trial participants from speaking with the media] is unchallenged and confers standing. We express no opinion as to whether the Media generally has sufficient standing to make a challenge such as this.”).