This bill would restrict judges' ability to issue gag orders that prevent defendants from speaking publicly about their cases. Under current law, judges can issue gag orders for various reasons to manage court proceedings, but this legislation would allow judges to issue them only in three specific situations: to protect confidential discovery information, to safeguard the privacy of minors, or as part of a plea agreement. The bill would apply to both federal and state judges in criminal and civil cases. Anyone who receives a gag order they believe violates these restrictions could sue in federal district court to have it removed. The legislation does not affect judges' ability to issue orders controlling what lawyers and court officers say about cases.
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