It’s been nearly three years since reporters in Idaho first started covering the horrific murders of four University of Idaho students, but the conversation over what information should be public, and how journalists should cover it, continues. 

On Aug. 18, the City of Moscow said it would pause releasing additional images related to the Kohberger investigation after one of the victims’ mothers petitioned the court for an injunction and temporary restraining order on photos, video, or audio related to Madison Mogen’s bedroom. Second District Judge Megan Marshall issued the temporary restraining order, saying unreleased body cam footage from the crime scene could constitute an unwarranted invasion of privacy. Previous records releases included blurred images of Mogen’s bedroom, part of the scene of the quadruple homicide in November 2022.

Though the TRO applies only to Mogen’s bedroom, the City of Moscow said it will refrain from releasing any photos or videos from inside the victims’ home until the issue is resolved in court. That hearing is scheduled for Thursday, Aug. 21. 

For most of the last three years, journalists have worked to get information to the public while investigators, attorneys, and others connected to the case were under a nondissemination order, also known as a gag order, that prevented them from speaking to the media. 

That order remained in place through two and a half years of hearings and filings, up until July, when defendant Bryan Kohberger changed his plea to guilty a month before the trial was set to begin.

This summer, the Idaho Press Club joined a media coalition to request Judge Steven Hippler lift the nondissemination order. A separate filing asked Hippler to unseal documents. Stoel Rives represented the coalition, which included regional and national outlets. Our argument: With a guilty plea, there is no Sixth Amendment concern for a fair trial to outweigh the media’s First Amendment right to cover the crime and the crucial public safety questions surrounding the investigation.

A week before sentencing, Hippler agreed to vacate the nondissemination order, but declined to hear the motion to unseal documents. Hippler said he wanted to review each document before unsealing them and said he would unseal those documents in batches after the period for appeals ends. (Though Kohberger had agreed not to appeal when he accepted the plea deal, he could still do so up to 42 days after the July 23 sentencing.)

The Sixth Amendment isn’t the only consideration, though. The August petition from Mogen’s mother raises questions on victims’ privacy vs public interest. The Kohberger investigation isn’t the first time this has come up — just two years ago, we heard similar debates over testimony and coverage during the Vallow trial, and we hosted a panel discussion on how to interview victims and families during one of our training events. This week, we’ll watch the Aug. 21st hearing with interest, and we’ll continue fostering conversations on accessing information while balancing coverage and sensitivity. 

Interviewed by Audrey Dutton,

Emily Carmela Nelson, a junior at Boise State University, is very busy. 

The new editor-in-chief of The Arbiter, Boise State’s student newspaper, is leading a team of student reporters and editors. She also represents student journalists on the Idaho Press Club’s board of directors. And she’s a member of The New York Times Corps talent pipeline program and an active alumna of the Voces Internship of Idaho.

But there’s much more to Emily than what’s on her resume.

Emily grew up in Boise, where she spends her down time browsing local thrift stores (her favorites are Savers and St. Vincent de Paul) with a coffee in hand, or lounging at home with her boyfriend and her cat.

Social media:

Q: What made you want to study journalism?

A: When I was in high school, I helped direct our morning broadcast for the school. I wasn’t sure that journalism was The Thing, but I enjoyed talking to teachers for silly interviews we would play on the morning news.

I was actually interested in studying film when I came to Boise State. Then my boyfriend’s sister told me about Voces Internship of Idaho, and I applied to do something broadcast- or film-related. During my internship with Channel 2, I kind of realized, oh, the storytelling aspect of this is why I like it. It’s not necessarily being behind the camera, but it’s getting to know people and learning people’s stories, how people light up when they’re talking about something they care about. That’s where I caught the journalism bug.

My first story I ever did at Channel 2 was on this speed-friending event at one of the local libraries. Like speed-dating, but for making friends. I was trying to think of different story ideas, and the people around me were advising me: look at Facebook, look at Reddit, find weird events. I’d say 12 people went to it, but it was just so much fun, and people were actually connecting. It was cool covering something so unique, in the city I grew up in.

Then, I fell in love with The Arbiter organization. There’s nothing like connecting with other student journalists in a space where we can collaborate. There’s like 12 other student journalists, and the way we’re all learning, and we’re all bouncing ideas off of each other, inspired me so much. I love the fact that our university has a print newspaper, because most are either slowly weaning off of doing that or doing, like once-a-semester papers. 

Being so deeply entwined in the Boise State ecosystem as a first-generation student has really shown me how big the world is, even though I’m very focused in on my tiny little world there.

Q: How did you navigate being a first-generation college student?

A: It was hard. I had nobody to really talk to about those experiences. I didn’t really understand — not only just the financial and the academic parts of it, but I also didn’t understand the social structure of college, very basic level things, like sororities and fraternities and how big of a deal that is in college.

I didn’t know organizations, like Student Media, where I’m now the editor-in-chief, even existed. Knowing about that from the get-go would have changed things for me.

I’ve had really fabulous mentors along the way, and that’s something I didn’t expect either — how many opportunities there would be for me. I’m so grateful for everybody in my life who’s taken a chance on me, and I think that’s what all students need — to get that one push into the world.

My mom had gone to Boise State for a few years, but she couldn’t graduate because of financial reasons. She had moved from Ecuador at my age to come to Idaho to go to school. So, I think it means a lot to her to see me not only going to school but flourishing in school.

Q: What should the “old guard” in news know about journalists who are entering the industry now?

A: That we’re curious and competent. My generation leads with curiosity. I’ve noticed, especially working in a college newsroom, just how much passion there is. We’re hungry for opportunities.

I think the older generations of journalists are very pessimistic towards the industry, and I feel that. It’s just, I think there’s always a need for truth and storytelling. Some people will say “broadcast is dying, print is dying,” but one thing about the way I’ve explored journalism is how versatile it is. Whatever the job market brings me when I graduate, I feel like I’m ready.

Q: How can we reach the next generation of media consumers with accurate information?

A: I think meeting people where they are is important. Most of my generation is consuming their news through social media. When that comes to outlets, posting about it and being like, “Read more at the link,” I think that inspires people to want to click and learn more.

When it comes to choosing the way you report, finding that human interest; but also, mentally, there’s a lot of horrible things going on in the world, in so many different facets, and being able to — at least in local journalism — be like, “Here’s some good things happening in your community. Here are some people trying to make change.” Being able to take in the whole picture. And sharing people’s “why” is really important — their thought process and their reasoning and their heart.

Q: What is your “why?”

A: I’d say my “why” is connection. I just love not only getting to know people but getting to know the reasons why things work the way they do. I’m really passionate about love and kindness. I think moving in the world that way makes things, in a very small way, such a better place.

Q: What are your hobbies outside of journalism?

A: I really like physical media, so I collect records and CDs and newspapers. I’m into thrifting and vintage shopping. I love jewelry. Right now, I’m trying to redesign what The Arbiter looks like, so anytime I see a paper somewhere, I’ll pick it up and add it to my stash. That’s my hoarding right now; I wouldn’t say that’s a collection (laughs).

I wouldn’t say I’m an artist, but I’m very inspired by art and the way that people can sell an aesthetic or a message. My favorite musical artist is Lucy Dacus. She does a mix of indie folk, pop, rock music, and she recently released a new album, Forever Is a Feeling. I pre-ordered her record when she announced it, I was super excited, and I ended up getting it in the mail. It’s this beautiful, baby blue, see-through record. I’ve never seen anything like it. You could hold it up to a window, and the light will shine through. It’s beautiful.

Times-News sports reporter Justin Fitzgerald has been promoted to sports editor, with the departure of Adam Engel to Wyoming. 

Idaho Public Television

Scott Graf has joined Idaho Public Television as the new Director of Content.

Forrest Burger, David Taylor, Craig Koster, and Pilar Howard retired from Idaho Public Television earlier this year. 

Idaho Capital Sun

Idaho Capital Sun reporter Mia Maldonado moved to Oregon and joined Capital Sun’s sister nonprofit outlet through States Newsroom, the Oregon Capital Chronicle.

Laura Guido, previously of the Idaho Press, joined the Idaho Capital Sun this summer. She will focus her coverage on the Idaho Legislature, Idaho’s congressional delegation, immigration and some health care-related topics. 

Idaho Statesman

Shannon Tyler was named a breaking news reporter in August. Shannon interned with the Statesman this summer after graduating from Northwestern.

Nick Rosenberger, growth and development reporter, accepted a position at With Intelligence in New York in July. Nick was with the Statesman for two years.

BoiseDev

Nichole Santa Maria joins BoiseDev and Valley Lookout as Head of Growth. Nichole previously was VP of marketing at Red Aspen.

Idaho Education News

East Idaho reporter Carly Flandro will be leaving Idaho Education News to join a nonprofit in Pocatello. Flandro is wrapping up three years of covering K-12 education.

Flandro is joining Pocatello-based Sagebrush Steppe Land Trust, a nonprofit organization that works with private landowners to protect their land by creating tailored agreements known as conservation easements. The nonprofit aims to “protect, connect, and enhance wildlife habitat, working lands, and community spaces” in Southeast Idaho. She will be the nonprofit’s community conservation, communications and marketing coordinator.

EdNews is seeking to fill the reporting position in the coming weeks. Contact Jennifer Swindell if you’d like to learn more jswindell@idahoednews.org

• Focus on local news covering health, financial, political, education, lifestyle, cultures and more
• Write accurate, strong and engaging headlines and copy with a knowledge of AP Style
• Write and report quickly on breaking news

Position Requirements:

• Bachelor’s Degree preferred
• 2+ years experience as a writer for online or other publications preferred
• Computer knowledge: document editing software, like Microsoft Word
• Must be highly organized to track workflow at fast pace
• Experience using online CMS such a BLOX or ability to learn
• Great communication and interpersonal skills
• Understanding traffic analytics
• Ability to multi-task and to work on deadline
• Belief in the American Project

Send resume and two writing samples of up to 1500 words each to rgiorgi@5bgazette.com.

Journalists shouldn’t have to choose between protecting their sources or going to jail for defying a subpoena, and sources shouldn’t have to worry about litigation revealing their communications with reporters. 

Idaho is one of ten states without a shield law in statute. While case law does exist, it’s narrow in scope and protects only information that attorneys can find elsewhere. That won’t help a newsroom protect anonymous whistleblowers, or prevent us from turning over our notes, recordings, and communications. 

We want to change that. The Idaho Press Club’s media shield law proposal got through its introductory hearing on February 5th. You can read the bill text and follow its progress here: https://legislature.idaho.gov/sessioninfo/2025/legislation/H0158/

We have a difficult road ahead. Our sponsor got some tough questions in committee about the need for the law and its scope. We anticipated those questions, and our lobbyist, Ken Burgess, and I are going to meet with lawmakers over the coming days and weeks to answer their concerns. 

But we’re more determined now than ever. Subpoenas are a growing concern for Idaho newsrooms, especially as budgets shrink. In my twelve years on the Idaho Press Club Board of Directors, I’ve never received so many requests to help quash subpoenas as I have in the last eight months. 

Fighting subpoenas to protect our sources costs financial resources – sometimes thousands of dollars – and time that we should be spending reporting on our communities and government. If we aren’t successful and a court compels us to testify or turn over unpublished notes and materials, it erodes the public’s trust in their ability to confide in journalists to uncover stories that matter to them.

Our proposed legislation, based on laws in Alabama and Kentucky, doesn’t define “journalism,” “reporters,” or “newsrooms.” Instead, it protects people “engaged in journalistic activities” who are connected to news outlets, both physical and digital, as well as  “unpublished information, notes, or communications created through the course of newsgathering.” This creates broader protections for freelancers and non-traditional outlets as well as legacy newsrooms and full-time journalists. 

It does not, however, protect people who call themselves journalists who are engaged in activity that isn’t journalism, like protesting or creating provocative content. Those activities are protected elsewhere in the First Amendment, but they aren’t the purview of this legislation. 

You can read more about the proposal in the Idaho Capital Sun: https://idahocapitalsun.com/2025/02/05/idaho-legislature-introduces-bill-to-protect-confidential-sources-for-journalists/ 

And regardless of what happens with this bill, the Idaho Press Club will keep fighting for journalists’ ability to do their jobs.

Originally published December 19, 2024

I testified in court last week. It was a career first for me that, while fascinating, left me deeply troubled.

I’ve spent the last two decades of my career trying hard to avoid the experience. Like most journalists, I fervently believe reporters and editors shouldn’t be put on the stand. We should also not be forced to disclose confidential information between ourselves and our sources.

Still, despite EastIdahoNews.com’s best efforts to avoid legal proceedings, we found ourselves embroiled in a four-day defamation trial between Idaho Falls businessman Kris Taylor and Pocatello attorney Patrick Davis over a quote from an article. During the trial, a recording of an on-the-record conversation between one of our reporters and her source was played.

That action highlights a problem in the Gem State. If people and their attorneys want to find out what a reporter and a source are talking about — whether on or off the record — there is a chance they can do it through an Idaho court.

RELATED | Jury issues decision in defamation trial centered on comments made to East Idaho News

How East Idaho News got involved

Kaitlyn Hart, our crimes and courts reporter, wrote the article at the center of this controversy — an article that I approved. It dealt with the dismissal of embezzlement charges against Kevin Ball, a businessman who had retained Davis as his attorney.

As is typical with this kind of story, Hart contacted Ball’s attorney for a statement. He was willing to give one on the record. We recorded the interview.

RELATED | ‘You can’t embezzle money that you own.’ Charges dropped against man accused of embezzling nearly $300k

Among other things, Davis alluded to a “group of dudes in Idaho Falls” that “partner up with somebody who they see as unsophisticated, and they’ll embroil them in criminal proceedings to bilk them out of their interest in a company.”

The article received about 8,200 pageviews over three days. It was then promptly buried by other news.

Taylor, whose name was not mentioned in the article, told a jury during the trial that he believed he was one of the “group of dudes” referenced in the article. That belief led him to file a defamation lawsuit against Davis in August 2023.

In September of that same year, EastIdahoNews.com received a subpoena from Robby Perucca, an attorney representing Davis. The subpoena demanded we turn over all of our notes, drafts and communication related to the news article, as well as all recordings made with Davis.

We received a second subpoena in October from Vaughn Fisher, the attorney representing Taylor. He asked for the same things but also wanted all email communication between EastIdahoNews.com employees and Ball or Davis, and any email that mentioned the names Kevin Ball, Patrick Davis or Kris Taylor.

In both cases, I firmly but politely refused, telling them that “as a news agency, it is against our policy to release confidential information between reporters and their sources.” I told them we would “vigorously fight a subpoena” in the court of law and the court of public opinion.

That did not satisfy the attorneys. After being pressed further for the information, we retained Steve Wright, our lawyer, to advocate on our behalf.

Wright informed us of two things. The first was that Idaho did not have shield laws — legislation designed to protect reporters from being forced to disclose confidential information or sources in state court. The second was that due to circumstances specific to this case, and a specific loophole in the law, if we fought the subpoena in court, we would likely lose and be forced to produce the information.

We were loath to release the information to Taylor’s attorney. However, after negotiating, we agreed that if Davis requested a copy of his recording with Kaitlyn, we would give it to him since he was the original source. Fisher was then free to subpoena Davis for a copy of that recording.

EastIdahoNews.com received two more subpoenas late this year. They asked for a tremendous amount of data about our circulation, social media, commenting systems and business practices. The data request was in preparation for a representative of EastIdahoNews.com to be deposed under oath. That’s my responsibility as editor.

We agreed to the deposition under the conditions that I would not speak about anything in the recording or talk directly about our interactions with sources. We also wouldn’t discuss our business’s proprietary operations. In essence, we agreed to discuss the size of EastIdahoNews.com in relation to other media in Idaho and how many people read and commented on the 2022 article.

We were then required to testify in court to essentially the same information given in the deposition. Wright accompanied us to object if other questions were posed to us. Thankfully, they were not.

During the trial, I spoke solely about circulation and the article’s reach. Ultimately, my testimony was used to help determine Taylor’s requested damages. He asked for $100 to $300 per pageview, which, given the reach, was about a $800,000 to $2.4 million ask.

At the end of the trial, the jury found Taylor did not have sufficient evidence to prove he had been defamed by Davis’ quote in the article. Read more about the trial here.

Why it matters

In the grand scheme of things, a dispute over a damaged reputation doesn’t mean much to the vast majority of our readers. The article reached a fraction of our audience, and most of the readers spent less than two minutes on the page.

The consequences of the dispute are much greater, though, because it exposed how easy it is for attorneys to turn a perceived journalistic privilege on its head.

Every day, Idaho media outlets get hundreds of news tips about topics ranging from the mundane to the controversial. A commonality among these tips is the basic understanding that whatever information is not published stays between reporter and the source.

An inherent trust between journalists and sources allows for whistleblowers or victims to come forward and tell their stories about negative situations in our communities. Imagine how many fewer people would come forward if they knew a subpoena could potentially out them to the public.

Thankfully, situations where media are called to testify or give up information about sources are still rare.

Wright told EastIdahoNews.com that “on occasion a party to a high-profile lawsuit may want a journalist or reporter to testify about their news-gathering activities or to identify a source.” But he says courts do realize the damage that can be done.

“These are precisely the activities that are most protected because the courts recognize that compelling a journalist or reporter to reveal this information would interfere with the flow of information to the public,” Wright said. “For example, if a reporter or journalist could be forced to disclose this information, sources would be hesitant to talk. Additionally, reporters and journalists could not freely seek information that helps hold accountable those who are in power. As a result, the public would ultimately suffer.”

Still, despite this hesitation by the courts, Idaho Press Club representatives say they are seeing a rise in journalist subpoenas from attorneys across the state, including in eastern Idaho.

“The Idaho Press Club is deeply concerned about the rise in subpoenas of journalists in our state,” club President Melissa Davlin said. “Subpoenas have a chilling effect on sources and whistleblowers, and fighting subpoenas take up time and resources that should be spent reporting the news. Getting a shield law in Idaho is a priority for us.”

What needs be done

The good news about the growing number of subpoenas is that it’s spurring media agencies throughout the state to push for a shield law.

EastIdahoNews.com is among those agencies that believe journalists need better legal protection when having conversations with sources. We don’t ever want to experience our conversations being played out loud in open court again. We similarly don’t ever want to be back on a witness stand.

We will continue to aggressively fight against any subpoena issued seeking confidential material. That is a sentiment I am sure is echoed in every newsroom in the state.

For good journalism to continue happening in Idaho, the public needs to have confidence that they can approach reporters without the chance of an attorney forcing disclosure through a subpoena.

As your local media, we strongly encourage you to speak with your local legislators and bring this topic to their attention. You can find their information here.

Shaun Goodwin was promoted to the Boise State athletics beat full time. He previously was the Statesman’s service journalism reporter for nearly three years and covered Boise State on an interim basis earlier this football season.

BOISE DEV

Drew Dodson has joined BoiseDev as editor and reporter for a forthcoming new news product in Valley County, which will launch in the first quarter. He arrives from the McCall Star-News where he worked as a reporter for the last seven years.

Blake Pascal, summer intern for BoiseDev Eats, has joined the team on a part-time basis during the school year, supporting BoiseDev Eats and BoiseDev’s events business.

TIMES-NEWS, TWIN FALLS

Sean Dolan joined the Times-News in October as education and politics reporter, replacing Eden Turner. He’s a 2013 graduate of James Madison University.

Melanie Rivera-Cortez joined the Times-News in October as Hispanic Affairs reporter, replacing Monica Carrillo-Casas. She’s a 2024 graduate of Wichita State University and was the outstanding graduate of the school’s Elliott School of Communication.

Drew Nash returned to the role as photographer in October after serving as a digital producer. He replaced Hannah Kinson.

IDAHO MOUNTAIN EXPRESS

The Idaho Mountain Express, the only newspaper in the Sun Valley area, hit its 50^th year of publication on November 27; the weekly published a special section to celebrate that milestone on Wednesday, November 20. The Express is owned by two of its founders, Martha Poitevin Page and Evelyn Phillips, and others including Publisher Pam Morris, Business Manager Connie Johnson, former Sports Editor Jeff Cordes, former Photographer Elaine Somerville, Becky Proctor and Michelle Aquino.

A case out of Arizona is impacting some Idaho journalists’ ability to get mugshots from sheriffs’ offices. 

Earlier this month, the Ninth Circuit Court of Appeals ruled in Houston v. Maricopa County that Maricopa County had violated Brian Houston’s constitutional rights by publishing his mugshot on a website before his trial. The county-run website kept mugshots online for three days, allowing other sites to scrape that information and post it on their own pages. Ultimately, Houston’s chargers were dismissed, but his mugshot remained online elsewhere. 

The narrow decision said putting the mugshots online amounts to pretrial punishment – a violation of Houston’s Fourteenth Amendment due process rights.

In response, county sheriffs across Idaho, and in other states, are examining their own policies. As of Friday morning, Ada County still publishes mugshots and basic arrest information online. However, Nate Sunderland of East Idaho News tells me his staff has run into issues with Bannock, Custer, and Madison Counties declining to release mugshots because of the ruling.

Ultimately, Bannock and Madison changed course, agreeing to give out the photos in response to public records requests. And that’s the right move. Idaho’s open government laws are clear that those mugshots are public record. There are separate, and important, conversations that our industry continues to have about the ethics of publishing mugshots in the first place, but those are decisions that editors and journalists need to make, not the government.

It’s not yet clear how Idaho’s 40 other counties are responding to the ruling. I’m gathering more information, and in the meantime, if your newsroom runs into issues, please let me know at melissadavlin@gmail.com.