Appeals Court to Cut Back on Trump’s Federal Gag Order

 November 22, 2023

The legal tug-of-war over a gag order against Donald Trump took a significant turn this week.

A federal appeals court panel is considering narrowing the gag order imposed on former President Donald Trump, questioning its breadth in the context of his First Amendment rights.

Judge Tanya Chutkan's order, issued in October 2022, barred Trump from targeting witnesses, prosecutors, and court staff in his criminal trial. The trial, set for March 4, revolves around charges related to Trump's alleged efforts to overturn the 2020 election results.

Debate Over Free Speech and Fair Trial

The appeals court judges expressed concerns over the gag order's scope. They indicated that the order, in its current form, might be infringing on Trump's free speech rights, which is particularly significant given his status as a presidential candidate.

Special counsel Jack Smith, leading the prosecution, is a central figure in this high-stakes legal battle. Since the temporary suspension of Chutkan's order by the appeals court, Trump has resumed his attacks, this time including Smith's family.

Amidst these developments, the appeals court is delicately balancing the need to protect the integrity of the trial with the fundamental rights guaranteed under the First Amendment.

Concerns Over the Order's Vagueness

The judges suggested that while a gag order may be necessary to prevent witness intimidation, the current version is too broad and vague. Their deliberations hint at a willingness to uphold a more narrowly defined order.

"He has to speak ‘Miss Manners’ while everyone else is throwing targets at him?” queried Judge Millett during a two-hour oral argument, highlighting the challenging nature of maintaining decorum in a politically charged environment.

"It’s not how I want my children to speak,” Millett added of Trump’s rhetoric, “but that’s really not the question."

These comments underscore the complexity of imposing restrictions on speech in the context of a public and polarizing figure like Trump.

Gag Order's Impact on the 2024 Presidential Race

The upcoming 2024 presidential race adds another layer to this legal conundrum. The appeals court's decision on the gag order could have significant implications for Trump's campaign communications and overall public discourse.

While the court's primary concern is ensuring a fair trial, its rulings inevitably intersect with the political sphere, especially given the defendant's high-profile status.

This intersection of law and politics is particularly poignant in a case involving a former president and a potential presidential candidate.

Timeline of Events and Legal Proceedings

The case has seen a series of pivotal moments since Judge Chutkan issued the gag order in October 2022. The order, appealed by Trump in November, was temporarily suspended by the appeals court, leading to a resumption of Trump's public criticisms.

The timeline of events surrounding the gag order and the criminal trial against Trump has been marked by rapid developments and high public interest.

The appeals court's hearing on November 21, 2022, marked the latest in this series of legal proceedings, with further rulings expected in the near future.

Trump's Legal Team and the Appeals Court

The legal arguments presented by Trump's team have revolved around the supposed vagueness of the term "targeting" in the gag order. Judge Pillard, echoing some of these concerns, noted the potential ambiguity in the order's language.

"‘Targeting’ does raise a little bit of unclarity," Pillard observed, reflecting on the arguments put forth by Trump's lawyers.

"We have to use a careful scalpel here," added Millett, emphasizing the need for precision in crafting legal restrictions on speech.

The judges' comments suggest a careful and nuanced approach to modifying the gag order, seeking to strike a balance between the rights of the defendant and the integrity of the judicial process.

Next Steps and Potential Further Appeals

The next steps in this legal saga include the appeals court issuing its ruling on the gag order. Depending on the outcome, this decision could be appealed further, potentially reaching the full appeals court or even the Supreme Court.

The implications of these decisions extend beyond the immediate legal context, potentially influencing the broader political landscape and public discourse.

The case, already a subject of intense public and media scrutiny, is likely to remain a focal point in the coming months as the legal proceedings unfold.


  • A federal appeals court is considering narrowing the gag order imposed on Donald Trump, citing concerns over First Amendment rights.
  • Judge Tanya Chutkan's order barred Trump from targeting witnesses, prosecutors, and court staff but has been suspended temporarily.
  • Trump faces a trial on March 4 for charges related to his efforts to overturn the 2020 election, with Special Counsel Jack Smith leading the prosecution.
  • The appeals court is balancing the need to prevent witness intimidation with protecting Trump's free speech rights.
  • Decisions in this case could have far-reaching implications for the 2024 presidential race and public discourse.

About Victor Winston

Victor is a freelance writer and researcher who focuses on national politics, geopolitics, and economics.

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