However, the judge did significantly narrow the gag order in response to news organizations’ concerns in the Bryan Kohberger case.
BOISE, Idaho — An Idaho judge has denied a
Latah County Judge John C. Judge presides over a motion hearing regarding a gag order in a case against Bryan Kohberger, left, in Latah County District Court, Friday, June 9, 2023, in Moscow, Idaho. Kohberger, 28, of Pennsylvania, is charged with four counts of first-degree murder and burglary in connection with the stabbing deaths in Moscow, Idaho. Prosecutors have yet to reveal if they intend to seek the death penalty.
A coalition of 30 news organizations including The Associated Press asked the Idaho Supreme Court 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 attorneys are allowed to comment about things like procedural issues, scheduling and make statements that a lawyer would reasonably believe is required to protect their client from substantial prejudicial effects of recent publicity — for instance, they can likely make public comments correcting misinformation about their client.
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