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 © 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

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.

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.

TTS Opens UK Testing Location

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

FSC: Age-Verification Laws Go Into Effect South Dakota, Georgia, Wyoming on July 1

The Free Speech Coalition (FSC) has published a statement regarding new age verification laws set to go into effect tomorrow in South Dakota, Georgia, and Wyoming.

FSC Responds to Supreme Court Decision on Texas AV Law

The Free Speech Coalition (FSC) has released a statement responding to last week's Supreme Court decision on FSC v. Paxton, the Texas age verification law.

Sex Work CEO Debuts Upgraded 'GPTease' AI Assistant

Sex Work CEO has introduced the new Canvas in-chat editing feature to its AI-powered, NSFW text generator, GPTease.

UPDATED: Supreme Court Rules Against Adult Industry in Pivotal Texas AV Case

The U.S. Supreme Court on Friday issued its decision in Free Speech Coalition v. Paxton, striking a blow against the online adult industry by ruling in support of Texas’ controversial age verification law, HB 1181.

North Carolina Passes Extreme Bill Targeting Adult Sites

The North Carolina state legislature this week ratified a bill that would impose new regulations that industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Supreme Court Ruling Due Friday in FSC v. Paxton AV Case

The U.S. Supreme Court will rule on Friday in Free Speech Coalition v. Paxton, the adult industry trade association's challenge to Texas’ controversial age verification law, HB 1181.

Show More