“This Court has long respected the media’s role in our constitutional republic, and honored the promises in both the Idaho Constitution and First Amendment to the U.S. Constitution,” Justice Gregory Moeller wrote in the high court’s decision. He went on to quote a ruling from a federal case that said responsible press coverage, “guards against the miscarriage of justice” by subjecting the court system and those who are a part of it to public scrutiny.
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.” They cannot express opinions about the guilt or innocence of a defendant outside of the courtroom, and they can't share information that they know wouldn't be allowed in court. They also can't talk about the character of a witness, expected testimony, the likelihood of a plea deal or other case-related matters.
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