1/14/2024 0 Comments Gag order in family court![]() ![]() A Tennessee attorney wrote a blog post stating that this was a first and that he had never seen a case like this out of family court.* The appellate court stated that they had no “on point” case law to guide them with the case before them. So the Tennessee appellate court used sister state cases to help guide them on their analysis of the case of whether the mother’s communications had been unconstitutionally infringed, or as they say in constitutional law, a prior restraint on free speech. The mother says she used the constitutional principles she learned from the Palmers book, NOT in the Child’s Best Interest. 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.A pro se mother got some of her gag orders overturned by a Tennessee appellate court in a recent case ruling. High-publicity cases often present a conundrum for judges, who work to protect the defendant’s right to a fair trial. “There was nothing inappropriate about the Magistrate Court reminding the attorneys involved of their ethical obligations.” It is a case where a young man is on trial for his life,” Logsdon wrote. “This is not a case where the attorneys seek to use the rules as a weapon against one another. ![]() 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. Marshall said a hearing on the matter would be held after the Idaho Supreme Court issues a ruling on the news organizations’ challenge. 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. The coalition of news organizations, which includes The Associated Press, contends the gag order violates the right to free speech by prohibiting it from happening in the first place.Īn attorney representing the family of one of the victims has also filed an opposition to the gag order in state court. Constitution,” Justice Gregory Moeller wrote in the decision, going 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. “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. 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. 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. ![]() BOISE, Idaho (AP) - 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. ![]()
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