In re Clendennen (Waco gag order)

July 24, 2015

Prosecutors sought a broad gag order against Matthew Clendennen, one of more than 100 motorcycle riders arrested after a May shootout outside a restaurant in Waco, Texas, in which 9 people were killed and 18 injured. The court granted an order preventing all attorneys, their staff, law enforcement, and witnesses who have given statements to law enforcement from talking to the media about Clendennen's case. Clendennen appealed, and an amicus coalition led by the Reporters Committee argued that the gag order violated both the First Amendment and the Texas constitution because it was overbroad and vague. The trial court had made no findings that the news coverage of the incident was inflammatory or prejudicial, focusing instead on the quantity of news coverage.