Gag Order Against Trump Is the Real Threat to Democracy
The reason you have not heard of a gag order on par with the one imposed on former President Trump is that it is highly unusual. Normally, in a criminal proceeding, there are no gag orders. To the extent they exist, they typically only bind the lawyers, who are admonished to adhere to the rules of professional conduct. Rarely—as in almost never—are criminal defendants forced into a gag order on such spurious grounds as they might “vilify and implicitly encourage violence against public servants who are simply doing their jobs.”
In fact, precedent almost uniformly emphasizes familiar First Amendment principles, which limit the court’s authority, including disfavor towards “prior restraints” and “content-based restrictions” on speech.
In a case involving the prosecution of a congressman,
