A judge overseeing the case against the man charged with killing 4 University of Idaho students last fall is set to hear arguments over a gag order that largely bars attorneys and other parties in the case from speaking with news reporters.
subsequently did ask the lower court to revoke the order, and Judge scheduled arguments for Friday. The media coalition says that while it respects the defendant's right to a fair trial under the Sixth Amendment, the court should not have issued a gag order without evidence that right would be infringed by their ability to speak with attorneys involved in the case.
"Intervenors agree that there has been, and will continue to be, great publicity surrounding this case," the coalition's attorneys wrote. "But publicity alone is not prejudicial. ... The state's and Mr. Kohberger's failure to present any evidence of prejudicial news coverage, and the court's failure to consider alternative measures, means the competing constitutional rights here were improperly balanced and the gag order should be vacated.
Shanon Gray, an attorney for the Goncalves family, has also asked the judge to lift the gag order, saying he should be allowed to speak on the family's behalf. Gag orders that prohibit journalists from writing about certain cases are considered to be severely problematic under the First Amendment. But the U.S. Supreme Court and other appeals courts have upheld some that prohibit attorneys, police or others involved in a case — those with privileged information about it — from speaking with reporters to begin with, as a way to avoid influencing potential jurors or otherwise jeopardizing a defendant's right to a fair trial.
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