Judge rejects request to ban cameras in court from man charged with killing Charlie Kirk

State District Judge Tony Graf said some news outlets have used courtroom footage as “a springboard to discuss out-of-court commentary” by public officials, opine on the existence of evidence that has not been presented in court and “generally vilify the defendant," but he declined to ban cameras.

“Electronic media coverage provides a means to facilitate the public’s right of access to court proceedings for those who cannot physically occupy the limited space available in a courtroom," Graf said. "Livestreaming in particular allows as many people as are interested to observe the justice system at work and hold our branches of government accountable.”

Media organizations, prosecutors and Kirk’s widow, Erika Kirk, had urged the judge to allow cameras. They said transparency is the best way to guard against conspiracy theories that have circulated since Kirk's assassination on Sept. 10, when the 31-year-old conservative activist was shot in the neck while speaking at Utah Valley University in Orem.

The defense and prosecution did not immediately respond to requests for comment after Graf read the ruling via video call.

Graf has said repeatedly that he cannot control the spread of misinformation outside court, but he has taken steps to protect Robinson’s rights during hearings. He tightened rules for cameras after members of a media pool violated a courtroom order by showing Robinson’s shackles and capturing close-ups of him talking to his attorneys. Graf relocated cameras to the rear of the courtroom, behind Robinson, making it harder to get images of him.

The judge also approved a defense motion to push back Robinson’s preliminary hearing, which was scheduled for mid-May. Prosecutors during that hearing, now set for July 6-10, must show they have enough evidence to proceed to trial. Graf said he set a time frame that balances Robinson’s rights with those of Erika Kirk, who is entitled to a speedy resolution.

Prosecutors intend to seek the death penalty if Robinson, 23, is convicted. He is charged with crimes including aggravated murder and has not yet entered a plea.

Prior to his death, Kirk and the conservative youth movement he founded, Turning Point USA, emerged as a major force in U.S. politics that was considered instrumental in getting President Donald Trump elected to a second term.

Authorities have said DNA consistent with Robinson’s was found on the trigger of the rifle, the fired cartridge casing, two unfired cartridges and a towel used to wrap the rifle. Robinson’s attorneys have argued his preliminary hearing should not take place until federal law enforcement agencies turn over more details about their DNA analysis.

Prosecutors say they have sufficient proof beyond DNA, including surveillance video and a handwritten note Robinson allegedly left for his romantic partner confessing to the crime.

Accusations that Robinson targeted Kirk over his political views have amplified interest in the case, which in turn has stoked the long-running dispute over cameras inside major cases.

Photos and videos have exposed the inner workings of some of America’s most spectacular criminal cases, from the Lindbergh baby kidnapping trial to O.J. Simpson’s double murder trial. They've also created tensions between advocates for transparency and defense attorneys eager to shield clients from bad publicity.

The stakes are especially high in death penalty cases such as Robinson's, where a jury can consider the defendant's character as part of its determination. Footage of Robinson apparently smirking while talking to his attorneys during a December hearing elicited comments on Fox News that he treated Kirk “like a trophy.”

The Constitution gives greater weight to a defendant’s rights to a fair trial than the public’s right to know what’s happening in a case. Nevertheless, cameras have become much more common in state courts in recent years.

They are generally barred in federal criminal trials. Under a New York state law, Trump’s trial and 2024 conviction in a hush money case was famously closed to cameras while court was in session. Media organizations used sketch artists to capture the scene.

Judges typically retain broad discretion over which parts of a case can be broadcast and who can be filmed or photographed. ___

Brown reported from Billings, Montana.