Davenport v. Garcia – Case Brief Summary (Texas)

In Davenport v. Garcia, 834 S.W.2d 4, 5-7 (Tex. 1992), the supreme court held that before the trial court may impose a gag order in a civil judicial proceeding, it must make specific findings supported by evidence that:

(1) an imminent and irreparable harm to the judicial process will deprive the litigants of a just resolution of their dispute and that (2) the judicial action represents the least restrictive means to prevent that harm. Davenport, 834 S.W.2d at 10.