For the past two weeks, Reason, a magazine dedicated to “Free Minds and Free Markets,” has been barred by an order from the U.S. District Court for the Southern District of New York from speaking publicly about a grand jury subpoena that court sent to Reason.com.The subpoena demanded the records of six people who left hyperbolic comments at the website about the federal judge who oversaw the controversial conviction of Silk Road founder Ross Ulbricht.Shortly after the subpoena was issued, the government issued a gag order prohibiting Reason not only from discussing the matter but even acknowledging the existence of the subpoena or the gag order itself. As a wide variety of media outlets have noted, such actions on the part of the government are not only fundamentally misguided and misdirected, they have a tangible chilling effect on free expression by commenters and publications alike.
Yesterday, after preparing an extensive legal brief, Reason asked the US Attorney’s Office to join with it in asking that the gag order – now moot and clearly an unconstitutional prior restraint – be lifted. This morning, the US Attorney’s Office asked the Court to vacate the order, which it did. We are free to tell the story for the first time.