The Arkansas Supreme Court has lifted a gag order in the case of Aaron Spencer, a Lonoke County man charged with second-degree murder after fatally shooting a man he discovered with his teenage daughter in October 2024. The decision, handed down on May 29, calls the original gag order an overreach of judicial authority and a violation of constitutional rights.
Spencer’s case gained national attention due to the nature of the incident and the controversial legal questions surrounding it. According to investigators, on the night of October 8, 2024, Spencer was awakened by his dog barking and discovered that his daughter had left the house. He eventually located her in a vehicle with 67-year-old Michael Fosler. Spencer forced Fosler’s truck off the road and fatally shot him before calling 911.
Court records revealed that Fosler had previously been charged with sexual offenses involving Spencer’s daughter in July 2024 and was out on bond at the time of the shooting.
Spencer was charged with second-degree murder in November 2024. Due to widespread media attention, the Lonoke County Circuit Court issued a gag order, restricting public statements from parties involved in the case. Prosecutors argued the order was necessary to protect the integrity of the jury and Spencer’s right to a fair trial.
However, Spencer’s legal team, attorneys Erin Cassinelli and Michael Kaiser, challenged the order, claiming it infringed upon their client’s First, Sixth, and Fourteenth Amendment rights.
Writing for the majority, Associate Justice Courtney Rae Hudson said the gag order amounted to a “plain, manifest, clear, and gross abuse of discretion and in excess of [the circuit court’s] authority.” The court’s opinion described the order as “extremely restrictive” and lacking in factual findings required to justify such a broad limitation on free speech.
“The order was entered without the requisite findings… and wholly without a factual basis,” Hudson wrote. “Therefore, we hold that the circuit court’s order constitutes a plain, manifest, clear, and gross abuse of discretion for which there is no other adequate remedy; accordingly, we issue a writ of certiorari and vacate the order.”
While the ruling strikes down the original gag order, the high court noted that trial courts still have the ability to issue such orders if they are narrowly tailored and supported by specific findings on the record.
The decision marks a significant moment in the ongoing case, as it reopens the flow of public information in what remains one of the state’s most closely watched criminal proceedings.
To read the full opinion from the Arkansas Supreme Court, visit: https://opinions.arcourts.gov/ark/supremecourt/en/item/523656/index.do
