, charged with killing four University of Idaho students last fall, is set to hear arguments Friday over a gag order that largely bars attorneys and other parties in the case from speaking with news reporters.has challenged the order, saying it violates the Constitution's guarantees of free speech and a free press, as has a lawyer for one of the victim's families.
Kohberger, 28, is charged with four counts of first-degree murder and burglary in connection with the stabbing deaths in Moscow, Idaho, on Nov. 13, 2022. Second District Judge John C. Judgeon his behalf last month. Prosecutors have not said if they will seek the death penalty. The Idaho Supreme Court in April declined to vacate the gag order, saying the news organizations, including The Associated Press, should have first asked the lower court to lift the order. The justices did not weigh in on whether the gag order violates First Amendment rights.
“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.
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