Olympic Herald Journalist Files Motion in the Court of Appeals to Publish Precedent-Setting First Amendment Ruling

The Olympic Herald has formally petitioned the Washington State Court of Appeals to publish a portion of a recent ruling that struck down an unconstitutional gag order in a Thurston County domestic violence case.

Earlier today, I filed a non-party motion asking Division II of the appellate court to make a portion of its March 31, 2026, decision in the case of Couto v. Asbach binding precedent.

The motion comes in response to an unpublished opinion in which the appellate panel determined that a trial court’s order violated the First Amendment.

In my filing, I argue that publishing the decision to make it binding law is critical to protect independent journalism, a free press, and the First Amendment rights of all Washington residents in the digital age.

A copy of my motion is included below: