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You would take the Fifth Amendment and invoke your right against self incrimination.

The fifth amendment only applies in criminal cases. If you are in a civil case where the gag order comes up then you have no such protection.

"...nor shall be compelled in any criminal case to be a witness against himself..."

While I suppose in practice this is true, I don't think the 5th amendment would technically apply. By mentioning the gag order you are not incriminating yourself but rather committing a crime.

The argument goes "whether or not you are under a gag order, you can plead the fifth without incriminating yourself, so this is not actually a lose-lose situation". In theory.

I understand your argument. My point was that revealing the gag order is not self-incrimination - it is committing a crime.

Technically speaking, you are only allowed to refuse to answer a question if you believe that answering will incriminate yourself.

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