(Ken Silva, Headline USA) At the first hearing for alleged Charlie Kirk assassin Tyler Robinson in September, 4th District Court Judge Tony Graf has issued a gag order on both the prosecution and defense—preventing them and any witnesses they want to use from speaking to the public.
Judge Graf’s order was broad, applying to “all witnesses, investigators, consultants, staff members, or other members of the prosecution or defense teams.” In fact, the order was so broad that prosecutors in the case are now arguing that it’s unconstitutional.
In a motion filed Thursday, Utah County Attorney Christopher Ballard argued that the order should only apply to witnesses being used by the prosecution and defense teams. Otherwise, the order risks jeopardizing the free-speech rights of the thousands of witnesses aren’t directly involved in the case, Ballard argued. The lawyer also said it’s practically impossible for the prosecution to comply with the order.
Even the prosecutors oppose the gag order in the Charlie Kirk case! https://t.co/dkCZeeTOtP pic.twitter.com/cRePS1j3mw
— Ken Silva (@JD_Cashless) November 7, 2025
“To the extent the order is meant to extend to those who may have witnessed events associated with the case but are not subpoenaed as witnesses at trial, the preliminary hearing, or an evidentiary hearing—i.e., ‘trial participants’—it is also unconstitutionally overbroad,” Ballard argued in the motion, which was published by attorney Andrea Burkhart on her Substack account.
“There are more than 3,000 witnesses to the shooting. The order does not specify who it applies to—all who witnessed the shooting, may-call witnesses, or only will-call witnesses,” he added.
Ballard asked Judge Graf to limit the order to witnesses being used by the parties.
“The Court should issue a prior-restraint order that applies to lay witnesses only after making the requisite findings. If the Court issues a prior-restraint order applicable to lay witnesses, the State asks that the order only apply to those lay witnesses who are subpoenaed to trial, preliminary hearing, or other evidentiary hearing, and the order include when it applies, how the parties can satisfy the order, and which statements are restricted,” he added.
Judge Graf’s gag order is just one of the secrecy measures being imposed in the Kirk killing case.
As Headline USA has reported, both the prosecution and the defense want to prohibit cameras from the courtroom. The Utah County Sheriff’s Office has also requested cameras to be banned.
Additionally, the prosecution was allowed to file a secret motion in its dispute over whether Robinson will be allowed to wear street clothes during court proceedings (Judge Tony Graf ruled in favor of Robinson days later). The parties had a secret hearing over that dispute on Oct. 24, and now they further want to keep the transcripts and minutes from that hearing secret, the Salt Lake Tribune reported Thursday.
According to the Tribune, the coalition of 14 news organizations is pushing for transparency.
Additionally, Kirk’s widow, Erika Kirk, spoke in favor of televising the proceedings in her recent interview with Fox News host Jesse Watters.
BREAKING: ERIKA KIRK COMES OUT IN SUPPORT OF CAMERAS IN THE COURTROOM FOR THE TYLER ROBINSON CASE
— Jack Posobiec (@JackPosobiec) November 1, 2025
Robinson’s next hearing is set for Jan. 16. He has yet to enter a plea.
Ken Silva is the editor of Headline USA. Follow him at x.com/jd_cashless.
