Judge in Trump Case Orders Media Not To Report Where Potential Jurors Work
Generally, the First Amendment bars judges from ordering journalists not to disclose what they hear and see in courtrooms open to the public, though there are exceptions.
Trump’s Lawyers Fight DA’s Request for a Gag Order in His Hush-Money Criminal Case
Trump’s lawyers warned Monday that the gag order would amount to unconstitutional and unlawful prior restraint on the former president’s free speech rights.
Judge Orders Oregon Newspaper Not To Publish Documents Linked to Nike Lawsuit
The Oregonian/OregonLive reported that an attorney who represents plaintiffs in the case sent the documents to one of its reporters and then asked for them back.
Judge Restricts Sharing of Information About Jurors in Trump’s Upcoming Trial
A Fulton County judge has ordered restrictions on sharing information about the identity of jurors in former President Donald Trump’s upcoming election interference trial in Georgia.
Sarasota Herald-Tribune Challenges Order Against Identifying Deputies in Fatal Shooting
The Sarasota Herald-Tribune is seeking to overturn an emergency injunction granted by a judge Friday night to the Sarasota County Sheriff’s Office and the 12th Judicial Circuit State Attorney’s Office barring the news organization from publishing the names of two of the deputies involved in a fatal shooting.
Former Defense Secretary Files Prior Restraint Suit Against the Department of Defense
On November 28th, Mark Esper, who served as the defense secretary during the Trump administration, filed a lawsuit against the Department of Defense (DoD) in the U.S. District Court for the District of Columbia. In his complaint, Esper says the DoD has “unlawfully imposed a prior restraint upon Mr. Esper by delaying, obstructing and infringing on his constitutional right to publish his unclassified manuscript entitled ‘A Sacred Oath’.”
Judge Issues First Prior Restraint Against NY Times in 50 Years
On November 18th, a Supreme Court judge for Westchester County issued a temporary prior restraint against The New York Times brought by Project Veritas, a conservative organization founded by political activist James O’Keefe. The prior restraint arises from a November 11th article in The Times about a Justice Department investigation into Project Veritas’s reporting methods, including its possible involvement in the theft of a diary belonging to President Joe Biden’s daughter.
The Pentagon Papers Case—David Rudenstine on its Meaning a Half Century Later
"The Pentagon Papers case affirms fundamental values and principles. Truth matters— facts matter. The role of the press in the American governing scheme is to serve the 'governed' and not the 'governors.' The protection of a 'cantankerous press, an obstinate press, a ubiquitous press' is essential to a vibrant and strong American democracy. That is the profound and enduring meaning of the case," Cardozo Law Professor David Rudenstine writes.