Would the appellate court uphold the restrictive order

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Reference no: EM133935441

Question

Robert Donner was released from prison in 2015, and he headed west after his release. The convicted sex offender, who had served five years for child molestation, settled in a small town in Wyoming. His status as a convicted sex offender was unknown to town residents. Donner took a job in a gas station, and he became a good neighbor to the people living near the small house he rented. He befriended a family nearby and happily agreed to baby sit for the couples' small children, a girl of age nine years and a boy of age six years, as both parents often worked.

On a Monday afternoon in early 2017, Donner went to his neighbor's home, killed both the parents, and kidnapped their children. As he fled, a region wide manhunt began. The state issued AMBER alerts for the missing children. Press coverage on the murders, kidnapping, and ensuing manhunt was massive. Scores of stories were published and broadcast about Donner, his past criminal history, the murders, and the kidnapping. Ten days after the murders, Donner was sighted at a café in Nevada with the little girl. Police arrested him. The child told the police that Donner had molested the boy repeatedly and then killed him. His body was found in a shallow grave at a highway rest stop. More publicity flooded the region about the crimes, the killings, and the arrest.

After Donner was arraigned, Judge Sylvia Mulder issued a restrictive order barring the press from carrying any stories about Donner's past criminal history, and stories that discussed what the girl had told police about the fate of her brother. The judge said such stories could be prejudicial to the defendant. The child was scheduled to testify in court as a prime witness against Donner, who had pleaded not guilty. Judge Mulder informed the press that the courtroom would be closed during the girl's testimony to protect her from embarrassment and any psychological harm that might accrue from talking about her ordeal in a room full of strangers. The judge said a transcript of the girl's testimony would be released after her appearance.

The press appealed both the restrictive order and the closure order.

- Would the appellate court uphold the restrictive order?

- Would the appellate court uphold the closure order?

Reference no: EM133935441

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