With the 1st Amendment, how do gag orders exist?
They don't.
Gag orders are normally applied to the prosecution to avoid tainting the jury pool. It’s never intended to be used against the defendant. The prosecution by definition doesn’t need protection — the defendant does.
Unless national security is involved, yeah I’ve the same question.
Accused or not, the 1A doesn’t care or have a provision for a ‘gag’ order cuz the government wants you to be quiet. The judge is government and has limited authority just like the rest of government.
Could a judge issue a gag order to stop somebody from exposing government wrongdoings?? Where’s the line here.