Legal Question in Criminal Law in Minnesota

Internet web sites in criminal cases

I have been following a criminal case on an internet web site.

A suspect is being held in jail.

No trial yet.

There is a gag order on the attorneys by the judge.

The web site is very inflammatory and post after post is made as if the arrested has been tried and found guilty. People seem to work into a frenzy on the undoubted guilt of the accused. They even go into great detail some times discussing even the way the accused has tortured and otherwise killed this victim (or at least how they perceive the crime was carried out by this as yet untried accused)

This site is read world-wide.

I am confused why the courts proclaim gag orders and leave no control on web sites.

Do you know of any laws that have been passed on this situation? ...that is ....why issue gag orders to individuals (attorneys) who at the very least may give legit information.....and yet leave these gossip web sites uncontrolled and unbridled for months on end.

Thanks.


Asked on 5/26/04, 1:03 am

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: Internet web sites in criminal cases

I believe that the First Amendment of the United States Constitution would protect public discussion of a public, criminal case. There are limits to free speech rights, such as potential defamation civil liability, for example. I believe that a judge's "gag order" on the parties and lawyers in a case, is another type of restriction on free speech, and, therefore would have to be justified by more important considerations. You can research this topic further, if interested.

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Answered on 5/26/04, 10:45 am


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