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Fact Check Team: Are gag orders constitutional?

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Trump News

Gag Order,Michael Cohen,Trial

Throughout the trial, Trump’s gag order has been in the spotlight.

FILE - Former President Donald Trump speaks outside the courtroom in New York, April 30, 2024. A gag order bars him from making public comments on witnesses, jurors and some others connected to the case. in former President Trump’s hush money trial, testifying that Trump urged him to buy Stormy Daniels’ silence in 2016.

This raises the question of whether gag orders are constitutional. First Amendment rights guarantee free speech, but there are also Sixth Amendment rights to a fair and speedy trial. SometimesSince there is not one specific test that can be applied, determining whether a gag order violates free speech considers what the order is protecting, who it restricts and other factors of the trial.

 

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