The debate over whether imposing so-called “gag orders” on former President Donald Trump violates the First Amendment is much ado about nothing.
I say “so-called” because these are not traditional gag orders in which a judge orders the party to say nothing about the case. Rather, these are restrictions that are part of Trump’s release conditions which make the commonsense point that a defendant–or any litigant in a case–should not be allowed to threaten, intimidate, harass court staff, witnesses since such actions hurt the integrity of the process.
The restrictions imposed by Judge Engoran, who is presiding over the New York fraud case, and Judge Chutkan, presiding over the Washington, D.C. January 6 election interference case, do not impose a cone of silence on Trump since both judges allow Trump to make public statements about his innocence and even criticize the judges. But the debate over these restrictions is consuming countless hours of media, lawyer and court time.