Here is a statement from Britney’s attorney Anne Kiley (who is allegedly filing to be removed the from case today):

“The first amendment rights aren’t absolute. We aren’t trying to control the paparazzi, we are trying to control what we can control. We’ve heard nothing from the respondent (Kaplan) in his papers or arguments as to why it is that attorneys need to make statements to the media.”

But it seems to be too little too late; Trope & Trope’s request for a gag order on this case has been denied:

“Mark Vincent Kaplan, objected to the gag request, stating that it was a violation of free speech. Kaplan said Kiley has accused him of leaking like a sieve. Kaplan also cited a conversation he had with Kiley that ended up on TMZ while the conversation was still taking place,” according to TMZ.

Mark Vincent Kaplan’s response:

“You can order the biggest gag order you want, but that won’t stop the paparazzi from following Ms. Spears. A gag order is usually in place during criminal trials where a jury of lay persons can be subject to information but that’s not the case here.”

This probably means the vulture will hold a nice big press conference since he loves hearing his own voice and the camera time.

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