A federal judge in New Jersey looked to other circuits to weigh the constitutionality of a gag order issued in a lengthy and contentious divorce, and held that the potential harm to the children involved in the case, posed by the “prolific, vitriolic blog posts” made by their father, outweighs a journalist’s “right to listen.”

Surender Malhan and Alina Myronova have been engaged in a contentious divorce and child custody proceeding since 2011, according to the opinion. A gag order was issued in 2015 by Judge Donald A. Kessler in New Jersey Superior Court precluding either party from speaking with the media. Kessler noted that his decision to impose the gag order considered both the best interests of the parties and of their two minor children.