A gag order on a criminal defendant infringes the accused's first amendment rights in the name of his sixth amendment freedoms. The author examines the possible justifications for such an infringement of the accused's rights in free speech. The note also addresses the substantive and procedural safeguards necessary before a gag order can be issued to proscribe the speech of the defendant.
Ellen O. Pfaff,
Gag Orders on Criminal Defendants,
27 Hastings L.J. 1369
Available at: https://repository.uchastings.edu/hastings_law_journal/vol27/iss6/6