[US] HOW are gag orders constitutional?

Question

As the question goes: How are they constitutional? What gives the courts the right to file a gag order? What situations would be warranted to file a gag order, and what would happen if said gag order was intentionally violated and an argument of First Amendment concerns pop up? And how is a gag order in 'contempt'?

Answer 1

As with all constitutional rights, the right to speech is not limitless. A court, as part of its inherent powers or as may be granted by court rule, may issue a "gag order" for various reasons, including when necessary to avoid prejudice in the case before the court. The violation of a "gag order"---like any order---may constitute contempt of court. A party cited for contempt could appeal based on constitutional (or other grounds). The foregoing is offered for the general interest of the reader. It is NOT legal advice or opinion and the comment does NOT create an attorney-client relationship.