And they are prosecuting him for murder... and tried to stop him from speaking about his case.
katv.com
CABOT, Ark. (KATV) — The Arkansas Supreme Court has overturned a gag order that had silenced public discussion in the widely followed case of Aaron Spencer, a Lonoke County father charged with second-degree murder in the fatal shooting of Michael Fosler in October 2024.
Spencer was arrested for shooting Fosler after he found him inside a truck with his missing 14-year-old daughter late at night.
In a strongly worded opinion issued Thursday, the state’s highest court granted Spencer’s petition for a writ of certiorari, rebuking the gag order imposed by Lonoke County Circuit Judge Barbara Elmore.
The justices concluded that the broad restriction on speech infringed on core First Amendment rights and lacked sufficient justification.
Justice Nicholas Bronni concurring with other justices on the matter saying:
In response, the court imposed a broad restriction prohibiting attorneys, law enforcement, and court personnel from making any public statements related to the case.
Today’s ruling restores the ability of parties involved in the case to engage in public discourse ahead of Spencer’s scheduled March 2025 trial, provided their statements adhere to legal and professional standards. The decision is expected to influence how Arkansas courts assess and apply gag orders in future high-profile cases, potentially setting a significant legal precedent.
Erin Cassinelli and Michael Kaiser, attorneys for Spencer, released the following statement:

Arkansas Supreme Court lifts gag order in Aaron Spencer murder case
The Arkansas Supreme Court has overturned a gag order that had silenced public discussion in the widely followed case of Aaron Spencer, a Lonoke County father c

CABOT, Ark. (KATV) — The Arkansas Supreme Court has overturned a gag order that had silenced public discussion in the widely followed case of Aaron Spencer, a Lonoke County father charged with second-degree murder in the fatal shooting of Michael Fosler in October 2024.
Spencer was arrested for shooting Fosler after he found him inside a truck with his missing 14-year-old daughter late at night.
In a strongly worded opinion issued Thursday, the state’s highest court granted Spencer’s petition for a writ of certiorari, rebuking the gag order imposed by Lonoke County Circuit Judge Barbara Elmore.
The justices concluded that the broad restriction on speech infringed on core First Amendment rights and lacked sufficient justification.
Justice Nicholas Bronni concurring with other justices on the matter saying:
The gag order, requested by prosecutors in December 2024, was prompted by public statements from Spencer’s defense attorneys, Erin Cassinelli and Michael Kaiser, who characterized their client as a “heroic father” acting in defense of his family. Prosecutors contended that such remarks could prejudice potential jurors and undermine the integrity of the trial process.Public officials aren't immune from public criticism, judges and prosecutors included. Because the circuit court's gag order violates that principle, I join the majority's opinion granting the writ and vacating that order. But that sweeping order is only one part of a troubling pattern of attempts to shield this case from public view, beginning with a nonpublic arraignment and ending with a handwritten note sealing the entire case from public view. We cannot allow that pattern to continue unchecked. So, I'd invoke this court's superintending authority and reassign this matter to a new circuit court judge. Anything less suggests that what's happened so far is within the acceptable range of disagreement or administration, and it isn't. Begin with the gag order itself. On its face, that order targets a broad swath of people, barring them from expressing an opinion, or making any comment about whether the evidence tends to establish the guilt or innocence of the Defendant. Worse, the order itself was sealed, raising serious concerns about selective enforcement. And it doesn't explain why such an extreme remedy was warranted, instead just declaring it would help ensure all parties get a fair trial. Nor did the circuit court explain why it extended the gag order beyond what even the State thought was appropriate, broadening it to cover the defendant's family and, even more significantly, sealing the entire case.
In response, the court imposed a broad restriction prohibiting attorneys, law enforcement, and court personnel from making any public statements related to the case.
Today’s ruling restores the ability of parties involved in the case to engage in public discourse ahead of Spencer’s scheduled March 2025 trial, provided their statements adhere to legal and professional standards. The decision is expected to influence how Arkansas courts assess and apply gag orders in future high-profile cases, potentially setting a significant legal precedent.
Erin Cassinelli and Michael Kaiser, attorneys for Spencer, released the following statement:
Spencer remains out on bond while awaiting trial. His defense maintains that the shooting was a lawful act of self-defense under Arkansas law, after Spencer discovered Michael Fosler in the company of his missing teenage daughter.Today’s opinions from the Arkansas Supreme Court are clear and unequivocal – the circuit court in this case was wrong in every facet of its entry of a gag order in this case. The opinions also make clear what should be obvious to anyone – the circuit court has demonstrated a pattern of efforts to shield the proceedings, and its role in them, from the public. The question that must be asked is why? At least three Justices found it obvious – self-preservation, not justice. From the prosecutor’s request for a sweeping gag order to the circuit court’s sealing the entire case – “in barely enough time to make a pot of coffee”- it is clear that the prosecutor and circuit court intended to stifle exactly what the First Amendment protects – criticism of elected officials. Indeed, the motion for the gag order was made in response to criticisms of the prosecutor and circuit court – rightful criticisms of their actions that “set off a chain of events that led to the fatal confrontation that’s the subject of this case. ” In fact, there remains no record of a public court proceeding that explains how or why the circuit court imposed a wholly ineffective bond on Michael Fosler that served to protect nobody. As the Court expressed, it is imperative in our system that the public be permitted to see the operations of justice, and that is especially important in a case like this one - where the public has a strong interest in a justice system that treats Aaron Spencer and others fairly and justly but also in a justice system that acts prudently to protect the public when necessary. When the light of transparency shines through, it is clear that neither the prosecutor nor the circuit court have operated to fulfill these important public interests as it relates to Michael Fosler or the Spencer family. It is no routine matter that three Justices on our highest court felt it important enough to formalize their belief that the circuit court’s actions in this case were so entrenched and troubling that another judge should take over in the case. It’s important to remember, too, that these unacceptable and unconstitutional efforts to stifle speech and foreclose criticism are not just the circuit court’s efforts but the prosecuting attorney’s as well. We hope that both officials take care to remove themselves from this case so as to indicate to the public that they understand and appreciate that fairness, transparency, and maintaining the appearance of impropriety are critical to our justice system. Thankfully, this State’s highest Court took great care in its analysis and made it very clear that this behavior is unconstitutional and intolerable. The Court has given clear guidelines for gag orders that will help the public, litigants, and courts across the state appropriately assess case-related speech as balanced with the strong First Amendment protections that are a bedrock of our society. No longer will state courts be permitted to allow a prosecutor to release alarming and potentially misleading information while a circuit court blanketly restricts a citizen’s public explanation of his innocence. “Gag orders are a last resort, not a first impulse. ” We appreciate the Arkansas Supreme Court turning the lights back on in Lonoke County.