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Here is what is gong on:: There is a gap in the law. The court has to write test because there isn't one.

There is no legal test because in the past, it was the lawyers who had to be silenced.

No defendant has challenged the routine gag orders that are applied.

The difference is an important one: Lawyers can be silenced because they are officers of the court and different rules apply to them.

The appellate court wants to come up with a test that will withstand SCOTUS scrutiny.

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