A " gag order " refers to a legal order which prevents parties involved in a court case from sharing specific information publicly. The details around gag orders have come into focus through the case involving Blake Lively and Justin Baldoni which highlights how they function and when they are used.
Definition of a Gag Order
A gag order is issued by a judge or a court and restricts individuals involved in legal disputes to communicate certain details. It is to stop comments about an ongoing case with concern over tainting the potential jury, influencing witnesses or damaging the reputation of people involved.
Scope of Gag Orders
Gag orders apply to legal representatives and sometimes the litigants, but depending on circumstance they may include involved parties as well. This stops everyone from speaking publicly through the media or even online channels like social media. The goal is that no pre conceived notions are entered before the facts can come into play.
Gag Order Requests in the Lively/Baldoni Case
Blake Lively’s attorneys requested the court issue a gag order against Justin Baldoni's attorney Bryan Freedman because of public comments he made about the case in an ongoing public relations war. She also sent letters for them to cease statements being released that hurt her case in public.
Basis of the Gag Order
Lively’s counsel expressed concerns over Freedman publicly sharing "misleading and selective statements" which creates a prejudice and may have affected the perception of potential jurors for a jury trial. The comments being spread on social media may not be fully true to the court records and will be difficult to retract once disseminated.
Why a Gag Order Is Important
The importance of a gag order in situations of a litigated environment such as a courtroom is important. It is necessary to ensure due process while having an appropriate hearing process that can't be tarnished by outside information before it is decided by judge or jury.
Prevention of Prejudicial Material
By limiting media statements from each side the judicial process is maintained by not having any form of jury manipulation. To allow one or another to air information about the cases would not be considered fair.
Public Statements and Media Control
A significant aspect of this case highlights the use of public media when issues move outside of the realm of facts. Various claims and released videos showcase one perspective. When attorneys leak specific information online it creates a "he said / she said" situation that makes facts harder to define.
Concerns Over Professional Conduct
Lively's team expressed in their requests that the attorneys are supposed to act in ways that are different from publicists and not release statements that are considered inflammatory. They felt strongly that attorneys have an ethical code of conduct that is necessary for them to uphold and do not always need to be engaging in public relations battles.
The Contentious Issues Between Lively and Baldoni
Lively has stated Baldoni's behavior on set caused issues from a hostile work environment that included "sexual harassment." On the other hand Baldoni is counter claiming defamation. The release of a slow dance video was intended to vindicate Baldoni from claims made against him.
Viewpoints on Released Video
Those on Baldoni’s side feel the clip shows a loving connection but the other camp on Lively's side show her being very uncomfortable by his touch and the need to set clear boundaries. The videos release prompted responses from people who took various sides by either dismissing or confirming any concerns that were previously made. This difference in perspectives lead to the need for greater focus to be made by court systems.
Different Standards on Set Etiquette
Some people from each side saw the actions differently some of which where due to varied experiences on set behavior. These responses showcase a more clear need to discuss what is right or wrong and the specific power dynamics between stars and their co stars.
Impact of the Dispute on the Series "It Ends With Us"
This ongoing dispute has taken away from the film while having viewers on social media take sides on each respective claim. It showcases that even during moments in time where stories are not created by public speculation these instances show how perception may change based on an interpretation. This means each person must be aware of the need for critical thought to determine personal stances based on facts presented to an objective degree.
Key Takeaways
- A "gag order" is to stop communication of case information outside the courts to prevent trial interference.
- A gag order was sought due to attorneys comments after alleged sexual harassment claims from the lead.
- Gag orders prevent dissemination of prejudicial claims which makes for fairer court procedures.
- This case shows the legal ethics when high profile cases cause both legal and PR battles.
- Viewers are reminded of complexities when handling and understanding sexual harassment accusations with the public nature of it all.