No imminent harm, no gag order.

In re Lee reminds that, notwithstanding the strong interest in courtroom proceedings untainted by outside influence, the First Amendment presents a powerful countervailing interest such that:

“Gag orders are presumptively unconstitutional. To overcome this presumption, there must be an imminent and irreparable harm to the judicial process and the judicial action must represent the least restrictive means to prevent that harm. These elements must be supported by specific findings and evidence.”

No. 05-23-00768-CV (March 15, 2024) (mem. op.).