CNN —

A coalition of media organizations and the father of a murder victim are set to come to an Idaho court on Friday with the same goal in mind: challenging a gag order.

Two separate hearings are scheduled in the criminal case against Bryan Kohberger, the criminology graduate student at Washington State University accused of fatally stabbing four University of Idaho students in their off-campus home. A not guilty plea has been entered on his behalf, and the trial is set for October.

The brutality of the killings and the lack of clarity on his connections to the group of friends have made it one of the highest-profile cases in U.S. news.

Yet due to a wide-ranging gag order, prosecutors, defense lawyers, and attorneys for victims' families and witnesses are prohibited from saying anything publicly, aside from what is already in the public record.

Gag orders are a common occurrence in high-profile cases, such as the man accused of carrying out January's mass shooting in Half Moon Bay, California, or the involuntary manslaughter trial of the parents of Oxford High School shooter Ethan Crumbley.

In Idaho on Friday, an attorney for the family of Kaylee Goncalves, one of the four victims, will argue to amend the order at a hearing at 10:30 a.m. local time, saying it has restricted their free speech rights. Afterward, a coalition of media organizations also will argue to vacate the order, calling it "vague, overbroad, unduly restrictive, and not narrowly drawn," according to court documents.

The dual hearings have put a renewed focus on the gag order, the colorful term for what's technically known as a "nondissemination order."

At its most basic level, the gag order sets restrictions on what information can be released to the public and what certain people involved in the case can say.

The idea is to balance the First Amendment right to free speech with the Sixth Amendment right for a defendant to receive a fair trial, said University of Idaho assistant professor of law Samuel Newton. The concern is that too much commentary and publicity about a case can create jurors who have already made up their minds.

"What you're worried about is tainting the whole (jury) pool," Newton said.

The gag order is just one of a number of strategies judges can take to eliminate jury bias. They can also move the trial to another venue, create a jury questionnaire or sequester the jury during the trial.

But when does restricting speech in a case with such high public interest go too far? What are the limits?

What the gag order says

The arrest warrant and criminal affidavit for Kohberger were issued on December 29, 2022, and within a week the prosecution and defense jointly agreed to a gag order.

The Jan. 3 order states that "investigators, law enforcement personnel, attorneys, and agents of the prosecuting attorney or defense attorney, are prohibited from making extrajudicial statements, written or oral, concerning this case, other than quotation from or reference to, without comment, the public records of the case," Magistrate Judge Megan Marshall wrote.

The order specifically forbade commentary on evidence of occurrences or transactions, the character or criminal record of a party, opinions about the merits of the case and "the existence or contents of any confession, admission, or statement given by the defendant."

An amended nondissemination order issued on January 18 then expanded the gag order. The amended order stated the restrictions applied not just to the prosecution and defense but to "any attorney representing a witness, victim, or victim's family." Further, the order prohibited any statements on the character or criminal record of "a party, victim, or witness, or the identity of a witness, or the expected testimony of a party, victim, or witness."

"There is a balance between protecting the right to a fair trial for all parties involved and the right to free expression as afforded under both the United States and Idaho Constitution," the amended order explained. "To preserve the right to a fair trial some curtailment of the dissemination of information in this case is necessary and authorized under the law."

For the Goncalves family, that amended order went too far. The family's attorney Shanon Gray filed a motion challenging it, saying there should not be any restrictions on what he can say on behalf of the Goncalves family.

"He's not voicing his own opinion, he's voicing the family's opinion," Steve Goncalves, Kaylee's father, told CNN on May 23. "What's the point of having a lawyer if a judge can just say your lawyer can't speak?"

Separately, a coalition of media organizations petitioned the district court to vacate the gag order for other reasons. In a May 1 filing, the coalition, referred to as "Associated Press, et al," said the gag order was too expansive and argued the court did not provide any evidence that media coverage presents a risk to Kohberger's right to a fair trial.

"The Gag Order, which is based on the Parties' stipulation, rests merely on an assumption that press coverage is bad. The U.S. Constitution and the Idaho Constitution demand more."

The filing specifically noted several instances of the gag order's impact on journalists. For example, officials have cited the gag order in declining to release tapes of 911 calls and public records requests, the filing states.

The media coalition had initially asked the Idaho Supreme Court to overturn the gag order. While the court agreed the order restricted freedom of the press, it declined to vacate the order, saying the state supreme court was not the proper venue.

Kohberger's defense attorneys pushed back in motions arguing that courts have broader powers to limit the speech of lawyers and that the media attention, specifically noting a recent "Dateline NBC" special, threatens his right to a fair trial.

"The upshot of this and similar media stories is a constant feedback loop of people crying out for Mr. Kohberger's blood," defense attorneys wrote.

Similarly, state prosecutors have argued against amending the nondissemination order, stating that the restrictions on attorney statements is "not vague, overbroad or unduly restrictive."

Gag orders used in other cases

Gag orders have similarly been used in other high-profile mass killings that garnered significant public attention.

One such case is the trial of Jennifer and James Crumbley, the parents of Oxford High School shooter Ethan Crumbley. His parents have pleaded not guilty to four counts of involuntary manslaughter for what prosecutors say was their "gross negligence" in purchasing the gun and ignoring their son's warning signs.

Prosecutors have publicly criticized the couple repeatedly, and the couple's arrest after a manhunt was captured on CNN video.

Last year, the defense filed a motion to restrict pretrial publicity, but Oakland County Prosecutor Karen McDonald pushed back, saying their request was "consistent with the conduct that brings them before this Court – they are concerned only about themselves."

After a series of back-and-forth filings, the court issued an order and an amended order restricting publicity about the case.

"It is hereby ordered that, to protect the rights of the accused as well as the People to a fair trial, none of the parties, directly or through their agents, will engage in pretrial publicity by making public statements about the case to the media," Judge Cheryl Matthews wrote on July 14, 2022, in the amended order.

Similarly, the suspect in the January mass shooting in Half Moon Bay, which left seven people dead, asked for and was granted a gag order in his case, according to CNN affiliate KGO. That ruling prohibits any of the parties from talking about the case outside of court.

Chunli Zhao, the shooting suspect, has pleaded not guilty.

Court documents have been unsealed in the case of four University of Idaho students killed in their off-campus home.

Bryan Kohberger has been charged with the murders of Ethan Chapin, Xana Kernodle, Madison Mogen, and Kaylee Goncalves. Kohberger has also been charged with Burglary.

Kohberger appeared in an Idaho courtroom Thursday morning.

Authorities said his DNA was on a knife sheath found at the scene of the crime. Investigators also said that an unharmed roommate saw a masked man at the crime scene the night of the attack.

The document clarifies the time window during which investigators believe the four victims were murdered - now between 4:00 and 4:25 a.m. the morning of November 13.

Data obtained by investigators shows Kohberger's cellphone pinged near the King Road home on 12 occasions before the killings, mostly late at night and early in the morning. Cell data also shows him near the home on the morning of November 13 between 9:12 and 9:21 a.m., which was about five hours after the victims were killed, and before police were called to the scene, according to documents.

The court documents say Kohberger's phone did not ping at the King Road location during the time of the murders, but data shows it may have been turned off or "put on airplane mode" between 2:47 and 4:48 a.m. on the morning of November 13.

"This is done by subjects in an effort to avoid alerting law enforcement that a cellular device associated with them was in a particular area where a crime is committed. I also know that on numerous occasions, subjects will surveil an area where they intend to commit a crime prior to the date of the crime," the document states.

Documents state the suspect's white Hyundai Elantra was seen on surveillance footage circling the residence between 3:30 and 4:20 a.m.

Read the unsealed documents below:

An Idaho judge entered not guilty pleas on behalf of Bryan Kohberger, the man accused of killing four University of Idaho students last fall, during an arraignment in a Latah County Court on Monday.

Judge John Judge read aloud Kohberger’s rights and each of the murder and burglary charges outlined in the indictment. When asked if he understood the charges, Kohberger replied to each, “Yes.”

When asked for his plea to the counts, Kohberger remained silent. His attorney rose and said, “Your honor, we are standing silent,” and the judge then entered not guilty pleas for him.

Kohberger, 28, was indicted last week on four counts of first-degree murder and one count of burglary for the November 13 killings of Kaylee Goncalves, 21; Madison Mogen, 21; Xana Kernodle, 20; and Ethan Chapin, 20, at a home just outside the university’s main campus in Moscow, Idaho.

The trial was set for Oct. 2 and is expected to last about six weeks. Prosecutors have 60 days from Monday to announce, in writing, whether they plan to seek the death penalty in this case.

Wearing an orange prison outfit, Kohberger smiled and nodded at his attorney upon entering court but otherwise stared straight ahead during the arraignment. Family members of Goncalves also attended the hearing and remained focused on Kohberger as he was arraigned, according to Jordan Smith, a reporter for CNN affiliate KXLY who had a vantage point of the family in court.

The hearing offered few details on a grisly case that remains shrouded in mystery. Authorities say Kohberger, a graduate student in the Department of Criminology at nearby Washington State University, broke into the students’ home and repeatedly stabbed the victims before fleeing the scene. Police have not released a potential motive in the case, and due to a wide-ranging gag order, few details have trickled out so far.

The killings and lengthy investigation rattled the community of Moscow, a city of 25,000 people that hadn’t recorded a murder since 2015. After weeks with little information and heightened anxieties, Kohberger was arrested at his parents’ home in Pennsylvania in late December and identified as the alleged killer.

He has been in police custody since then and is being held without bail.

Also on Monday, the court scheduled two hearings for June 9 to address motions, filed by an attorney representing the family of Goncalves and a media coalition, regarding concerns over the wide-ranging gag order in the case.

As it stands, prosecutors, defense lawyers, and attorneys for victims’ families and witnesses are prohibited from saying anything publicly, aside from what is already in the public record.

How police narrowed in on Kohberger

In the days after the discovery of the grisly crime scene, investigators narrowed in on Kohberger after focusing on a white Hyundai Elantra seen in surveillance footage near the crime scene, according to a probable cause affidavit released in January.

By Nov. 25, area law enforcement officers were notified to look out for the vehicle, the affidavit read. Within days, police at Washington State University in nearby Pullman, Washington, identified a vehicle and found it registered to Kohberger.

His driver’s license information was consistent with the description of a man given to police by the victims’ surviving roommate, the affidavit says, specifically noting his height, weight and bushy eyebrows.

The roommate told investigators she saw a man with a similar description clad in black the morning of the attack. Hours before the killings, Chapin and Kernodle had attended a party on campus, police have said, while Mogen and Goncalves went to a downtown bar before ordering food at a food truck.

Video below: Police body camera video shows officers executing search warrant at Bryan Kohberger's home

Investigators connected Kohberger to the crime scene after DNA on a tan leather knife sheath found lying next to one of the victims was linked to DNA on trash recovered from Kohberger’s family home in Pennsylvania, according to the affidavit.

There, investigators seized a white 2015 Hyundai Elantra an attorney for the suspect previously said he’d used to drive, accompanied by his father, to his parents’ home for the holidays. Court documents show investigators dismantled the vehicle, collecting parts, fiber and swabs for further examination.

Investigators also seized knives, a cell phone, black gloves, black masks, laptops, dark-colored clothes and dark shoes, an evidence log shows.

Following his arrest, Kohberger waived extradition and was sent back to Idaho. He was booked into the Latah County Jail on the same counts for which he was indicted.

Many details about the case remain unknown, in part due to a wide-ranging nondissemination order that prevents attorneys for any interested party in the case from commenting beyond the public record, leaving in place a veil of secrecy.

A preliminary hearing had been scheduled for the end of June, with the parties expected to detail evidence collected by the state. But the hearing was canceled after Kohberger’s indictment, Latah County Deputy Court Clerk Tamzen Reeves said, and court records indicate the names of the witnesses who testified before the grand jury are under seal.