By Tommy Witherspoon
KWTX
Originally published Jan. 11, 2023
WACO, Texas – A Waco judge on Wednesday vacated a far-reaching gag order in the Marian Fraser murder case after KWTX attorneys convinced him that his attempt to restrict media coverage of her upcoming retrial is unconstitutional.
Judge David Hodges, citing a “clear and present danger” that pretrial publicity surrounding the case could adversely affect the jury selection process, filed an order on Monday prohibiting media outlets from reporting any information related to testimony from the previous trial, the fact the case was reversed and the reason for the reversal.
His order also attempted to prohibit the media from reporting any pretrial rulings made in the case or the “exact nature of the specific restrictions” outlined in his order, which he filed in Fraser’s case, making it a public document. …
Kelley Shannon, executive director of the Freedom of Information Foundation of Texas, said Hodges was correct to vacate his order restricting press reports on the case.
“It’s good the judge removed the provision of this order that would have placed a prior restraint on the press and would have infringed on First Amendment rights,” Shannon said. “Journalists have a right – and a duty – to cover what’s going on at the courthouse to keep the public informed. It’s understandable that the judge wants to ensure a fair trial and try to select a local jury, but attempting to restrain what the news media reports is not the answer.”