Blackwell Reference Online

Extract

Governments prevent information from being made public through restraints on speech called “gag orders.” Government executive orders and court injunctions impose gags to restrict the flow of certain types of information to achieve specific government objectives. For example, many national governments enact laws or adopt executive orders to prevent the distribution of official government secrets, details of ongoing military actions, and national security data. Similarly, courts around the world impose injunctions and nonpublication orders to prohibit, or enjoin, public distribution of information that might prejudice the outcome of ongoing litigation. Gag orders are a form of prior restraint because they prevent the exchange of information before any harm occurs rather than imposing punishment in response to specific harms caused by speech. While some gag orders target individuals, many gags are imposed on the media as the messenger that disseminates information most widely. Different nations and cultures have distinct histories and traditions related to the freedoms of speech and press (→  Freedom of the Press, Concept of ). One foundational distinction rests upon a nation's embrace of libertarianism or authoritarianism. More authoritarian nations tend to view press law as a means to advance the self-interest of the state, which includes maintaining law, order, and civility. More ... log in or subscribe to read full text