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the gag order is categorically illegal - a law which abridges your freedom of speech. Surely that's gotta stand up in court? Or what good is the Constitution?A lot of people have a misconception that the Constitution guarantees total, absolute freedom of speech, when it simply does not. The rather clichéd example would be not getting to shout 'Fire!' in a crowded theater.
There are better examples to be found in real life: it would be illegal to say or print something that had the very real possibility of inciting someone to commit violence (as in Planned Parenthood vs ACLA: the ACLA was a pro-life group that encouraged people to take violent action against reproductive health workers).
So I think your mistake is in assuming the first amendment is absolute. It isn't, and for very good reasons upheld by the courts for over a century.
Is a gag order in itself bad? Not always. Sometimes gag orders serve legitimate purposes: for example, to prevent prejudicial information in a trial such as a defendant's previous, unrelated convictions from becoming public.
But regardless, the idea that the first amendment means you get to "say what you like" with no exceptions is a fallacy.
A lot of people have a misconception that the Constitution guarantees total, absolute freedom of speech, when it simply does not. The rather clichéd example would be not getting to shout 'Fire!' in a crowded theater.
There are better examples to be found in real life: it would be illegal to say or print something that had the very real possibility of inciting someone to commit violence (as in Planned Parenthood vs ACLA: the ACLA was a pro-life group that encouraged people to take violent action against reproductive health workers).
So I think your mistake is in assuming the first amendment is absolute. It isn't, and for very good reasons upheld by the courts for over a century.
Is a gag order in itself bad? Not always. Sometimes gag orders serve legitimate purposes: for example, to prevent prejudicial information in a trial such as a defendant's previous, unrelated convictions from becoming public.
But regardless, the idea that the first amendment means you get to "say what you like" with no exceptions is a fallacy.