U.S. Appeals Court Asks Ohio to Explain State Obscenity Law

CINCINNATI, Ohio — A federal appeals court has asked the Ohio Supreme Court for guidance on interpreting a 2002 Ohio law that attempts to shield minors from obscene material on the web.

The 6th U.S. Circuit Court of Appeals last week asked Ohio's high court to formally respond to two questions about whether O.R.C. 2907.31 (Disseminating Matter Harmful to Juveniles) exempts private email, chat rooms and websites from liability, as the state attorney general has argued.

The appeals court used a procedure known as "certification of a question" to question Ohio justices, who are not obligated to examine the issue and can refuse to answer the 6th Circuit's questions.

First Amendment attorney Michael A. Bamberger — who represents American Booksellers Foundation for Free Expression, the plaintiff in the case — said that the 6th Circuit’s request signals a problem for Ohio, which is the defendant in the case.

"It seems to me if the three distinguished judges of the court of appeals aren't sure what the statute means, that clearly demonstrates it is unconstitutionally vague," Bamberger said.

The statute's survival of the constitutional challenge may hinge on how the 6th Circuit interprets the scope of the law and the meaning of some terms.

The 6th Circuit is asking Ohio whether its attorney general is correct in construing the law “as applied to electronic communications, to personally directed devices such as instant messaging, person-to-person emails and private chat rooms” and whether it is “exempt from liability material posted on generally accessible websites and in public chat rooms.”

Ohio’s statute initially prohibited dissemination to juveniles of material considered "harmful to juveniles," but the law was blocked by U.S. District Judge Walter H. Rice because he ruled its terms did not comply with a U.S. Supreme Court obscenity precedent, Miller vs. California.

In 2003, Ohio amended the law to fix the legal definitions and again faced 1st Amendment and Commerce Clause challenges.

Bamberger, whose co-counsel in the case are adult industry attorneys Louis Sirkin and Jennifer Kinsley, said that seven states have tried to apply laws limiting material on the Internet that is considered harmful to minors but all have been thrown out.

To enforce such provisions on the web, "you would end up dumbing down the Internet," he said.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Xgen's Dr. Mindy DeSeta Spotlighted on CBS News

CBS News has spotlighted Xgen Products resident sex therapist Dr. Mindy DeSeta on its Miami and West Palm Beach affiliate stations.

FSC Unpacks SCOTUS Age Verification Ruling in Webinar

The Free Speech Coalition conducted a public webinar Tuesday to help adult industry stakeholders understand the Supreme Court’s recent decision in FSC v. Paxton, and its potential implications.

Bad Bella Fronts Latest From MYLF

Bad Bella stars with Hayden Wild in the latest release from MYLF.

Abella Danger Opens Up Like Never Before in X3 Magazine

Powerhouse star Abella Danger lights up the latest issue of X3 magazine, the industry’s premier “authenticity first” publication spotlighting the real personalities, passions, and stories behind today’s top creators.

Electric Novelties Expands 'Gläs' Collection

Electric Novelties has introduced a variety of new items from its Gläs collection.

Pure Taboo Debuts Bree Mills Thriller 'Let Me In Too'

Reagan Foxx stars with Shay Sights in the latest thriller from Pure Taboo, titled “Let Me In Too.”

UK Lawmaker Calls for Appointment of 'Porn Minister'

Baroness Gabrielle Bertin, the Conservative member of Parliament who recently convened a new anti-pornography task force, is calling for the appointment of a “minister for porn,” according to British news outlet The Guardian.

FSC Toasts Jeffrey Douglas for 30 Years of Service

n the very same evening when the adult industry was hit hard by the Supreme Court ruling supporting Texas’ controversial age verification law, HB 1181, members of the Free Speech Coalition board, staff and supporters gathered to celebrate Jeffrey Douglas’ 30 years as board chair — a fitting reflection of his reputation as an eternal optimist.

Hookup Hotshot Adds TobyDick.com

Hookup Hotshot (HUHS) has added U.K. paysite TobyDick.com to its network.

TTS Opens UK Testing Location

Talent Testing Service (TTS) has opened a new U.K. location in Ware, Hertfordshire.

Show More