An Idaho judge has denied a request from roughly two dozen news organizations to lift a gag order in the criminal case of a man accused of stabbing four University of Idaho students to death.
The judge did, however, significantly narrow the gag order in response to the news organizations’ concerns.In it, 2nd District Judge John Judge said it was legally prudent to restrict attorneys from making some statements about the case in order to preserve Bryan Kohberger's right to a fair trial.
A coalition of 30 news organizations including The Associated Press asked the Idaho Supreme Court earlier this year to reject the gag order, contending it violates the First Amendment rights of a free press. The high court declined to weigh in on whether the gag order violates the news organizations' Constitutional rights, and said the media coalition should first ask the lower court to lift the order before asking the Idaho Supreme Court to step in.
The new gag order — formally called a “nondissemination order” — prohibits any attorneys representing parties, victims or witnesses in the case from making statements that could have a “substantial likelihood of materially prejudicing or otherwise influencing the outcome of the case.” “We are pleased that the Court significantly narrowed the nondissemination order, a clear recognition that the initial order was overbroad," said Wendy Olson, the attorney representing the media coalition."We all agree that a defendant’s Sixth Amendment rights are important but that in preserving those rights, nether the parties nor the courts can completely cast aside the First Amendment rights of the press.
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