Why judges use gag orders in high-profile cases like Idaho student murders

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A coalition of media organizations and the family of a murder victim came to an Idaho court on Friday with the same goal in mind: challenging a gag order.

In Idaho on Friday, Latah County District Court Judge John Judge said he'd consider the arguments and issue a ruling on requests to lift the gag order. He did not provide a timeline on when that decision might come.Idaho murders: Mom of 1 of 4 students fatally stabbed last year won't attend Bryan Kohberger's trial

Wendy Olson, an attorney representing media organizations, said the group wants "their reporters to be able to obtain accurate information, of the kind that might help the public better understand all of this." But when does restricting speech in a case with such high public interest go too far? What are the limits?The arrest warrant and criminal affidavit for Kohberger were issued on December 29, 2022, and within a week the prosecution and defense jointly agreed to a gag order.

"There is a balance between protecting the right to a fair trial for all parties involved and the right to free expression as afforded under both the United States and Idaho Constitution," the amended order explained. "To preserve the right to a fair trial some curtailment of the dissemination of information in this case is necessary and authorized under the law."

"The Gag Order, which is based on the Parties' stipulation, rests merely on an assumption that press coverage is bad. The U.S. Constitution and the Idaho Constitution demand more." "The upshot of this and similar media stories is a constant feedback loop of people crying out for Mr. Kohberger's blood," defense attorneys wrote.

Source: Education Headlines (educationheadlines.net)

 

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