Ohio Justices Hear Arguments Over Challenge to Obscenity Law

COLUMBUS, Ohio — The Ohio Supreme Court heard oral arguments Tuesday in a case that seeks to interpret a 2002 Ohio law that attempts to shield minors from obscene material on the web.

First Amendment attorney Michael A. Bamberger — who represents American Booksellers Foundation for Free Expression — argued Tuesday that the law, meant to shield children from online pornography and predators, violates free speech and is vague.

But Ohio justices were skeptical that his hypothetical scenarios involving website and chat room postings could lead to criminal prosecution under the statute, O.R.C. § 2907.31, which is titled Disseminating Matter Harmful to Juveniles.

Arguing on behalf of the statute, Ohio Solicitor General Ben Mizer said O.R.C. § 2907.31 was revised in 2004 so it would avoid the fate of laws in six other states that were declared unconstitutional.

The law makes it a crime to directly send obscene or harmful material to a juvenile via the web, email, messaging and chat rooms.

A pair of federal laws in the 1990s pushing decency restrictions and safety online were struck down as unconstitutional. So have been similar state laws in Michigan, New Mexico, Arizona, South Carolina, Virginia and Vermont. A law similar to Ohio’s is still pending in the courts in Utah.

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.

The 6th U.S. Circuit Court of Appeals earlier this year asked Ohio's high court to formally respond to two questions about whether O.R.C. § 2907.31 exempts private email, chat rooms and websites from liability, as the state attorney general has argued.

The 6th Circuit asked 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 justices are expected to decide on the case before the end of the year.

View court brief

Related:  

Copyright © 2026 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

FSC Publishes Guidance on New UK Pornography Laws

The Free Speech Coalition (FSC) has published information for its members on the United Kingdom's recently passed pornography laws, which take effect next week.

Brazil Issues Guide to Digital Safety Compliance

Brazil’s National Data Protection Agency (ANPD) published on Wednesday a new guide outlining online providers’ child-protection responsibilities under the Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

AEBN Publishes Popular Searches by Country for August, September

AEBN has released the list of popular searches from its straight and gay theaters, by country, for August and September.

2027 XBIZ Exec Awards Nominees Announced for Adult Entertainment Edition

XBIZ is pleased to announce the nominees for the adult entertainment industry edition of the 2027 XBIZ Exec Awards, set to be presented as part of the annual XBIZ Honors ceremony on Friday, Jan. 8, in conjunction with the XBIZ 2027 event series.

Pineapple Support to Host 'Effective Parenting' Support Group

Pineapple Support is hosting a free online support group for performers with children.

XMA Nominations Party Set for Nov. 17 at Avalon Hollywood

A night that sets the stage for the flagship XMAs, this year’s nominations reveal party will take place at Avalon Hollywood on Tuesday, Nov. 17, with red-carpet arrivals starting at 8 p.m.

BrattyGirls.com Launches Through PAYSITE

Producer Robert Peru has launched his newest membership site, BrattyGirls, through PAYSITE.

Arcom Issues Warnings to 3 Adult Sites Over Age Verification

French media regulator Arcom has issued formal notices to the operators of three adult websites that the agency says have failed to implement age verification as required under French law.

AEBN Reveals Ariel Demure as Top Trans Star for Q3 of 2026

AEBN has named its top trans stars for the third quarter of 2026, with Ariel Demure landing atop the leaderboard.

Porn Piracy: How AI Is Transforming Content Theft and Protection

Gone are the days when the word “pirate” primarily conjured images of clever scoundrels like Captain Jack Sparrow, swaggering across the high seas in search of gold and jewels. Today’s most prolific pirates operate in the darkest corners of the internet, armed with bots, scrapers and generative AI.

Show More