I am not a lawyer, and I'd love to hear from somebody who's a con law lawyer, but I'm not certain that the First Amendment is retroactive to activities that did

I am not a lawyer, and I'd love to hear from somebody who's a con law lawyer, but I'm not certain that the First Amendment is retroactive to activities that did not happen on American soil--and, going forward, it's completely within the government's power to get a gag order as pertains to an ongoing case.