Emphasis is mine:
". . .Even more to the point, in Nebraska Press Assn. vs. Stuart (1976), the justices held that the courts can almost never keep the press from reporting on criminal cases, even when the goal is to protect a defendant’s right to a fair trial.
Although the Supreme Court hasn’t considered gag orders on parties to a case and their lawyers, the same strong presumption should apply against such prior restraints. What is particularly troubling about Chutkan’s order is that it seems primarily concerned with protecting prosecutors and court personnel from Trump’s vitriol. The law is clear that speech can’t be restricted to prevent government officials from being criticized or even vilified.
The Supreme Court has repeatedly held that the 1st Amendment protects a right to criticize government officials, even harshly. In New York Times Co. vs. Sullivan (1964), the court unanimously declared that the amendment reflects a “profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials. . ."
U.S. District Judge Tanya Chutkan's order, issued in response to a motion by special counsel Jack Smith in the Jan. 6 case, runs afoul of the 1st Amendment.
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