Word: gag
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Dates: during 1970-1979
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...Judicial gag orders were virtually unknown a decade ago. Then in 1966 Dr. Sam Sheppard's conviction for the murder of his wife was reversed by the Supreme Court because of the hostile trial atmosphere created by the press. Although the court did not mention gag rules as a way to control such press excess, judges began slapping them on. The Reporters Committee for Freedom of the Press has counted 192 such court orders in the past decade...
Whatever form they take, and there are several, gag orders ban reporters from printing information they have discovered themselves, or that is publicly available-and occasionally even prevent reporting the fact of the gag itself. Explaining the need for the Simants action last week, Harold Mosher, Nebraska's assistant attorney general, argued that "temporary restraints on First Amendment freedoms are permitted in extraordinary circumstances where no other means exist to protect other fundamental interests." The basic right of a defendant to keep inadmissible evidence from a jury during a trial is clearly infringed if the press has presented such...
Constitutional experts, however, point out that gag orders often create as many legal problems as they solve. Among them...
...DELAY. Gag orders can impede or compromise the public's access to information it has a right to have. ABC-TV, as a part of a 1973 documentary on fire hazards, had a segment showing a flaming plastic crib; the crib manufacturer, alleging potential damage to the firm's reputation, got a judge to order the film clip removed only hours before the broadcast. ABC excised the scene but fought the case successfully; nine months later the disputed film was shown on the evening news...
OFFICIAL MISCONDUCT. "As the presumed watchdog of democracy, the press must watch over the judicial system too," says Henry F. Schulte, dean of Syracuse University's journalism school. "Gag laws could cut into that function." After the Rockford Star in Illinois ran stories on patronage abuse in local courts, an alleged political appointee sued for libel. Citing the need to preserve a fair trial, a judge then ordered the Star not to write editorials about the issues, namely the worth of local courts. The Star violated the judge's gag and later got it thrown out on appeal...