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Note how Judge Amy Berman Jackson structured her new order on Roger Stone: it's significant. She made the new gag order terms part of the conditions of his pretrial release -- that is, part of the conditions of his bail. /1

/2 Why do so? Because persons with restricted liberty -- on bail, on probation, etc. -- may have their First Amendment rights restricted somewhat more than others. So, by tying the gag order to bail, Judge Jackson continues to avoid the harder question:
/3 ...which is "can you put a general gag order on a defendant who doesn't want it, allegedly to preserve his or her right to fair trial? And what can you stop them from saying?
/4 Now, you might ask, "Ken, EXACTLY how much less of a First Amendment right does someone on bail or probation have?" To answer that, I need to discuss a series of both district court and circuit cases that OMG LOOK A SQUIRREL
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