Blog
Amicus brief regarding unconstitutional gag order in Waco, Texas
- By: ASNE staff
- On: 09/24/2015 09:42:26
- In: Amicus briefs
We joined 24 other organizations on a brief drafted by the Reporters Committee for Freedom of the Press that was filed in the Texas Court of Criminal Appeals. Our concern is the breadth of a gag order issued by a judge in one of the criminal cases that emanate from the major fight between rival biker gangs in Waco, Texas, earlier this year. The trial court judge presiding over the prosecution of one of those involved issued an order that prohibits anyone involved in the case from speaking with the media.
The latest amicus brief we have joined is one of the more interesting, at least on its face. It certainly presents an issue of importance to our membership throughout Texas and the rest of the country. Our concern is the breadth of a gag order issued by a judge in one of the criminal cases that emanate from the major fight between rival biker gangs in Waco, Texas, earlier this year. The trial court judge presiding over the prosecution of one of those involved issued an order that prohibits anyone involved in the case from speaking with the media. The case was appealed to the 10th Circuit Court of Appeals for Texas. We didn't participate there but joined 24 other organizations on a brief drafted by the Reporters Committee for Freedom of the Press that was filed in the Texas Court of Criminal Appeals, which is the highest court in the state for criminal cases and, thus, equivalent to the Supreme Court where criminal cases are involved.
The brief makes several arguments as to why the trial judge's gag order is unconstitutional. It not only provides an overview of the importance of openness in criminal proceedings, but also explains why the gag order violates both the U.S. and Texas constitutions because it is vague, overbroad and unsupported by findings of a sufficient likelihood of prejudice. Finally, we note that the trial court rejected appropriate but less restrictive alternatives to this broad gag order.