The Effects of Gag Orders on Trump’s Speech: Analysis and Implications

2023-12-03 15:33:00

Reason for gag: Trump’s fixation with Engoron’s law clerk and his claims that she was biased and overly influential in the case led Trump to post identifying information about her on social media. Millions of Trump followers were able to see the item, and the clerk began receiving a flood of threats. Engoron said he feared for her safety.

How it limits Trump’s speech: Trump cannot discuss any member of the judge’s staff, including the law clerk. He is free to make comments about the judge and about New York Attorney General Letitia James (D), who brought the lawsuit, and he continues to do so.

Appeals process: An appellate panel reinstated the gag order on Nov. 30, two weeks after a single appeals judge issued a pause on the order. The general legality of the orders will be debated by the appeals court at a later date. But with the lengthy trial winding down, Trump is again barred — for now — from commenting on court employees in public.

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