“Narrowed but Not Out: Trump’s Gag Order Revived in Jan. 6 Case

On January 6, 2021, a federal judge in Washington, D.C. struck down an executive order issued by President Donald Trump that sought to gag individuals and organizations involved in litigation surrounding the January 6th Capitol riots. The executive order had sought to prevent the release of any information or documents related to the riots, and barred any person or organization suing the President or his administration from disclosing any such information or documents. However, U.S. District Court Judge Colleen Kollar-Kotelly determined that these restrictions violated the First Amendment rights of those involved and ruled that the executive order could not stand. Judge Kollar-Kotelly further ruled that, while the President has the authority to “protect privileged communications within the Executive Branch,” the executive order in question “exceeds the authority granted to him under the Constitution” and therefore cannot stand. In response to the ruling the President signed a revised executive order which narrowed the scope of the gag order. The new executive order no longer applies to individuals or organizations involved in lawsuits related to the Capitol riots, but instead applies only to individuals and organizations who are “engaged in litigation with the executive branch over claims related to the January 6th riot at the Capitol.” The Trump administration argued that the revised executive order is necessary to prevent the public release of confidential information and documents related to the Capitol riot that could compromise the ability of the executive branch to properly investigate the violence that occurred. While the new executive order does appear to be more narrowly tailored to fit the guidelines set forth by Judge Kollar-Kotelly, the American Civil Liberties Union (ACLU) has expressed serious concerns that the order will still hamper the ability of individuals and organizations attempting to exercise their First Amendment right to exist in litigation with the government. The ACLU also expressed worries that the order could still be used to stifle press reports related to the riots. No matter what, the ruling by Judge Kollar-Kotelly is a positive step in protecting the free speech rights of all individuals and organizations involved in the Capitol riots, and preserving the ability of the public to know the truth of what happened on that day.