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

SinfulXAI to Launch New AI Generator

AI companion platform SinfulXAI has announced its new AI video generator, launching in February.

SCOTUS Won't Hear Appeal in NYC Adult Businesses Zoning Case

The U.S. Supreme Court has declined to hear an appeal by a group of adult businesses of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

AEBN Publishes Popular Searches for November, December

AEBN has published the top search terms for November and December from its straight and gay theaters in all 50 states and the District of Columbia.

X3 Expo Day 2 Delivers Stars, Screenings and Fan Favorites

The sun once again shone brightly on the historic Hollywood Palladium as throngs of avid fans made their way through the doors, ready to experience Day 2 of the 2026 X3 Expo.

X3 Expo Kicks Into Gear With an All-Star Lineup

Outside the historic Hollywood Palladium on Friday, a huge crowd of fans lined Sunset Boulevard, eagerly awaiting the opening of the 2026 X3 Expo and their big chance to meet the cream of the crop of adult stars.

2026 XBIZ Honors Salutes Resilience Across the Online Adult Industry

The 2026 XBIZ Honors packed house Wednesday night, turning the Kimpton Everly Hotel’s Nichols Ballroom into a gala celebration of industry excellence.

Elevated X Integrates CCBill for Payment Processing

Elevated X has added CCBill payment processing integration to its ELXNexus traffic management and affiliate software.

Florida Congressman Files Latest Bill to Repeal Section 230

Rep. Jimmy Patronis of Florida has become the latest member of Congress to propose legislation that would repeal Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Irish Parliamentary Committee Weighs Stricter AV Laws

The Irish national parliament’s Joint Committee on Arts, Media, Communications, Culture and Sport met Wednesday to discuss regulation of online platforms and improving online safety, including calls for stricter age verification by adult sites.

Ofcom Issues Guidance on Age Check Placement for Adult Sites

U.K. media regulator Ofcom on Wednesday published its recommendations for where and how adult sites should deploy age checks as required for compliance with the Online Safety Act.

Show More