• @[email protected]
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      211 year ago

      You try it and see how far the 1st amendment gets you. Most defendants don’t get to trash the judge with no consequences.

      • @[email protected]
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        -71 year ago

        [citation needed]

        People keep saying this but from what I can tell “gag orders” aren’t common.

        • squiblet
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          131 year ago

          They’re not common but they’re also not rare. More often, defendants are not incredibly corrupt loudmouth morons, don’t have any public following, or are in jail, and it’s not needed.

    • @[email protected]
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      71 year ago

      You know that a gag order is a specific restriction on free speech that courts can issue, right? That’s literally what they are for.

      • @[email protected]
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        11 year ago

        The gag order doesn’t apply to Judge Engoron. Both he and Judge Chutkan in the DC case specifically exempted themselves from being covered by their respective gag orders. The logic is that the 1st Amendment protects criticism of federal judges. He can’t, however, threaten federal judges, so it’ll be interesting to see how far he pushes it. Unfortunately, in the past he’s shown a surprising amount of restraint in skating just up to the line, but not actually crossing it.

      • @[email protected]
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        -11 year ago

        They don’t allow a judge to declare whatever they want. Trump is appealing one of his gag orders and will likely be successful in part.

        Judges can’t simply do whatever they want.

        • @[email protected]
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          31 year ago

          Gag orders on indicted felons who can’t shut up are extremely common. He isn’t likely to prevail on that.

          • @[email protected]
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            1 year ago

            They can’t stop him from saying just anything, gag orders need to be narrow and serve a justice purpose.

            That’s why part of the gag is likely to be changed as its overly broad.

            • @[email protected]
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              21 year ago

              They haven’t prevented him from saying anything. They prevent him from attacking witnesses and court employees which is well within scope of a gag order.

    • @[email protected]
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      11 year ago

      “Congress shall make no law…”.

      This is the judiciary: different branch of government.

      The executive could also issue an order that restricts free speech and not violate the first amendment.

      • @[email protected]
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        -11 year ago

        The court cannot violate the freedom of speech willy nilly. It must serve the purpose of justice being served.