Shak v. Shak

The orders

During contentious divorce proceedings, the Probate and Family Court entered sweeping nondisparagement orders prohibiting both parents from making any disparaging comments about each other—whether to the children, on social media, or to third parties. The orders effectively silenced public discussion of the case.

Constitutional challenge

The firm challenged the orders as prior restraints on speech under the First Amendment and Article 16 of the Massachusetts Declaration of Rights. Divorce courts possess broad equitable powers, but those powers do not extend to blanket gag orders on speech outside the courtroom.

SJC holding

The Supreme Judicial Court agreed. It held that the nondisparagement orders were unconstitutional prior restraints and vacated them—establishing that parents in divorce proceedings retain the right to speak publicly about their case, subject only to narrowly tailored restrictions that survive strict scrutiny.

Impact

The decision drew national attention—including coverage in The New York Times—and provides precedent for challenging overbroad speech restrictions in family court nationwide.

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