A corruption victim sent this along to me. Gag orders are almost always wrong and Unconstitutional. The courts have no jurisdiction to regulate the media.
Almost the same fact pattern as In re Weddigen, but in this case, Mother is posting her comments on social media criticizing the judge, the court, the lawyers and the decision. The judge enters a gag order that the parties cannot comment on the case in his court based upon “best interests of the child”. Mother objects to the order and an appeal follows:
This Court noted that “a trial court can require the parties in a divorce proceeding to refrain from making derogatory remarks about the other before the children.”25 Our analysis, however, does not end there. Prior restraints of speech, the order here, are not unconstitutional per se, but they bear a “heavy presumption against [their] constitutional validity. The Government thus carries a heavy burden of showing justification…
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