Baltimore’s practice of requiring individuals to sign non-disclosure agreements in order to settle police misconduct lawsuits – challenged by the Baltimore Brew and Ashley Overbey Underwood – is unconstitutional and unenforceable, the Fourth Circuit Court of Appeals ruled today, reversing a lower court decision.

Referring to the oft-called “gag orders,” the three-judge panel concluded “there can be no serious doubt that the government has used its power in an effort to curb speech that is not to its liking.”

“The First Amendment is meant to serve as a bulwark against such exercises of government power,” U.S. Circuit Judge Henry F. Floyd wrote in a majority opinion, with Judge Stephanie D. Thacker concurring.

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