Can You Make Them Stop Talking? Gag Orders, Campus Rules and the Cornell Case
A New York judge's refusal to gag the lawyers in the Cornell civil suit shows why an accused student usually cannot stop public statements about the case, and what protections are realistic.
October 17, 2026 · 2 min read
By Jocelyn C. Stewart
ABC News reports that a New York judge on Oct. 16 denied a gag order in the civil lawsuit a former Cornell student filed against seven men and the university. Courthouse News Service reports that one of the men asked for "narrowly tailored restrictions" on what the parties and their lawyers say in public. ABC News reports the men deny the allegations and no criminal charges have been filed. If you are accused and the case is in the news, you will ask the same thing: can I make them stop?
Courts rarely gag anyone. A gag order limits speech before it happens, so the bar is high. ABC News reports that Judge Phaedra Perry-Bond found most of the statements were the plaintiff's lawyer's opinions, and that a few isolated remarks did not show the serious risk of prejudice the Constitution requires. She did say a lawyer should not claim evidence was destroyed before discovery has even begun.
Related Episodes: S4 H1: Cornell 7 · S4 H2: Cornell 7 Developments: Campus Police Interview & Special Prosecutor · S4 E2: Cornell 7 Case: Call for New Legislation & Using Jane Doe