Sioux Falls Argus Leader v. Miller

[¶ 1.] The Sioux Falls Argus Leader and other members of the media (Media) 1 seek a writ of prohibition alleging that Circuit Court Judge Ronald K. Miller exceeded his authority in entering a pretrial participant gag order in the matter of State v. Layne and Wagaman, CR 99-144. The order, inter alia, prohibits trial participants from publicly discussing the case. Media claims this order violates its First Amendment right of freedom of the press. We granted an alternative writ, ordering the State and Judge Miller to show cause why the writ should not be made permanent. We now hold the…