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Gag Orders: What to do if a court issues a gag order

If a court issues a gag order in a case you are covering, the first thing you should do is obtain a copy. If it is a written order, the court clerk should be able to provide a copy. If not, you may have to pay to have the court stenographer transcribe the judge's oral directive.

Find out who the order gags and what restrictions it places on the gagged individuals. What is the judge's justification for issuing the gag? Nuances in the language of the order may greatly affect whether it will be upheld on appeal.

If your sources have been gagged, you will need advice on whether you can challenge the order or whether the person directly affected by it must bring the challenge. Here, too, you will need the help of legal counsel.

In some cases, a judge will lift or modify a gag order when told of the constitutional problems it poses. But a formal appeal may be necessary to protect your ability to cover a court case.

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