In certain circumstances, a court may issue a protective order, commonly referred to as a gag order, restricting public communication by attorneys, parties, or witnesses involved in an ongoing lawsuit or criminal prosecution to safeguard the right to a fair trial by mitigating the potential for prejudicial pretrial publicity to taint the jury pool.

While the presumption generally favors free speech, widespread publicity of particularly shocking crimes could prejudice potential jurors, hindering the defendant’s right to a fair trial.