Idaho Supreme Court denies request to lift gag order in student stabbings

The high court did not weigh in on whether the gag order, which prohibits attorneys, prosecutors, law enforcement agencies and others involved in the case from talking to the news media, violates the First Amendment rights of a free press. Instead, the unanimous Idaho Supreme Court justices said the news organizations should have brought their request to the magistrate judge who issued the gag order.

Though those are “well-guarded rights,” Moeller said, news organizations who wish to challenge gag orders should start at the lower courts and work their way up to the state’s highest judicial bench, rather than approaching the Supreme Court first. The case garnered widespread publicity, and in January Latah County Magistrate Judge Megan Marshall issued the sweeping gag order, barring attorneys, law enforcement agencies and others associated with the case from talking or writing about it.

Kohbergers’ attorneys, meanwhile, contend the gag order essentially requires the attorneys involved in the case to act ethically to ensure Kohberger gets a fair trial.

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