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

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.

Playhaus Network Launches Podcast Platform Through PAYSITE

Entertainment website The Playhaus Network is launching its new podcast platform through PAYSITE.

Sportsheets Wins Trademark Infringement Case Against Copycat Website

The World Intellectual Property Organization (WIPO) has ruled in favor of adult brand Sportsheets in a case against a copycat website using an infringing domain.

Kylie Rocket, Derek Kage Cap AEBN's Top Stars for 3rd Quarter of 2026

AEBN has revealed its most popular performers in straight and gay theaters for the third quarter of 2026.

JustFor.fans Launches Android Version of 'JFF Create' Mobile App

JustFor.fans (JFF) has rolled out an Android-compatible version of its creator management mobile app, JFF Create.

Kink.com Wins Trademark Infringement Case Against Copycat Website

The World Intellectual Property Organization (WIPO) has ruled in favor of Kink.com in a case against a copycat website using an infringing domain.

On-Chain JAV Distribution Platform 'HandSome' Goes Live With Open Beta

Fukuoka tech firm Fidem has officially rolled out an open beta version of HandSome, a new Japanese Adult Video (JAV) content distribution platform built on blockchain technology.

Arcom Investigates MYM Over SREN Compliance

French media regulator Arcom is investigating creator platform MYM to determine whether the site may have violated age assurance rules and/or other requirements of France’s Security and Regulation of the Digital Space (SREN) law.

England, Wales to Enforce 'Extreme' Content Laws Starting Nov. 6

England and Wales will begin enforcing new laws criminalizing depictions of “non-fatal strangulation,” as well as sexual content in which adults portray underage characters, starting Nov. 6, the U.K. Ministry of Justice announced Friday.

Show More