Karen Read Trial: Massachusetts Court Forced to Loosen Buffer Zone Gag Order

Karen Read Trial: Massachusetts Court Forced to Loosen Buffer Zone Gag Order

A Massachusetts court walked back its unconstitutional “buffer zone” order following a sharp rebuke from the U.S. Court of Appeals for the First Circuit in Grant v. Trial Ct. of the Commonwealth of Massachusetts.

The revised order now acknowledges the public’s right to engage in peaceful, offsite protests on public property—even near courthouses.

“The First Amendment has returned to Massachusetts,” said First Amendment Lawyer, Marc Randazza. “Courthouse sidewalks are public forums—not censorship zones for fragile judicial egos.  After the government treated Dedham like North Korea with better landscaping, the First Circuit reminded everyone that free speech doesn’t take vacations just because one judge or police department is offended.”

The buffer zone technically still exists, but it is merely symbolic now.  It only prohibits protests that would actually disturb the trial or that have the intent and effect of impeding the judicial process. It also provides for rapid judicial review of any police action that could impede protesters or journalists alike.

“This was never about protecting justice, it was about silencing critics of the government.”  Randazza added.  “The judge, the prosecutor’s office, and the state police abused their power, but Liberty prevailed and put them back in their place.”

The Center for American Liberty, who co-counseled the case, celebrated the decision. “We’re not here to make the government comfortable,” said Mark Trammell, CEO of the Center for American Liberty.

“We’re here to defend the right to speak freely—especially when it makes the powerful squirm.”

Karen Read Trial: Massachusetts Court Forced to Loosen Buffer Zone Gag Order