The Houston Chronicle, the Galveston Daily News, the Dallas Morning News, the New York Times and the Associated Press are going to court to lift a gag order in the criminal case against federal judge Samuel B. Kent (here's the Galveston Daily News story).

The judge is accused of sexually touching his female former case manager, who says the contact was unwelcome.

From The Daily News' Sara Foley:

The newspapers’ motion argued that restricting witnesses from talking was unconstitutional prior restraint and that Supreme Court rulings on gag orders don’t support suppressing witnesses.

The motion also said there was not enough proof that allowing witnesses to talk to reporters would undermine the trial. The newspaper argued that prohibiting witnesses from talking violated the media’s newsgathering rights.

The story also describes another element of the gag order, which could give the judge in the case -- that's the judge presiding over the case, not the judge who is the defendant -- free rein to close hearings at will. The news organizations are challenging that as well.

(Photo: U.S. Supreme Court building in Washington. Photo by flickr user NCinDC, used via the Creative Commons license.)