The Idaho Supreme Court on Monday rejected a request by 30 news organizations to lift a gag order in the criminal case of a man accused of stabbing four University of Idaho students to death.
Still, Moeller wrote, the balancing act between the First Amendment protections afforded to the press and the Sixth Amendment fair trial rights promised to defendants has become increasingly difficult with the advent of the internet and social media. The bodies of Madison Mogen, Kaylee Goncalves, Xana Kernodle and Ethan Chapin were found on Nov. 13, 2022, at a rental home across the street from the University of Idaho campus. The slayings shocked the rural Idaho community and neighboring Pullman, Washington, where Kohberger was a graduate student studying criminology at Washington State University.
An attorney representing the family of one of the victims has also filed an opposition to the gag order in state court. Shannon Grey, who represents the Goncalves family, said in that challenge that the gag order is unduly broad and places an undue burden on the families. Marshall said a hearing on the matter would be held after the Idaho Supreme Court issues a ruling on the news organizations' challenge.
High-publicity cases often present a conundrum for judges, who work to protect the defendant's right to a fair trial. Courts sometimes feel that controlling the flow of information around the case - by forbidding those involved from talking about it - is an effective way to limit publicity.
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