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The appellate court does not determine whether the higher Davenport standard applies in this criminal case, because the record and the findings do not support the imposition of a gag order even under the lower standards articulated in Gentile and Brown. The findings and the evidence do not establish, as a constitutional minimum, that the order was narrowly tailored to avert a substantial likelihood of material prejudice.
December 03, 2007 at 12:00 AM
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