Ohio Anti-porn Law Is Constitutional, 6th Circuit Rules

CINCINNATI — A federal appeals court has ruled that 2002 Ohio law that attempts to shield minors from obscene material on the Internet is constitutional as interpreted by the state Supreme Court.

A three-judge panel of the 6th U.S. Circuit Court of Appeals on Thursday reversed a lower court ruling and found that O.R.C. § 2907.31 does not violate free speech and other rights.

The law, titled Disseminating Matter Harmful to Juveniles, was later amended, and the state Supreme Court interpreted it to apply to personally directed communications and not public websites and chat rooms.

"Ohio has an interest in preventing minors from potentially harmful materials and, as the statute applies only to personally directed communication between an adult and a person that the adult knows or should know is a minor, the statute is the least restrictive means of promoting this interest," the 6th Circuit panel ruled.

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

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.

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

AEBN Publishes Report on Fetish Trends

AEBN has published a report on fetish categories from its straight and gay theaters.

Online Child Protection Hearing to Include Federal AV Bill

A House subcommittee will hold a hearing next week on a slate of bills aimed at protecting minors online, including the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law.

Industry Photographer, 'Payout' Founder Mike B Passes Away

Longtime industry photographer and publisher Michael Bartholomey, known widely as Mike B, passed away Saturday.

FSC Announces 2025 Board of Directors Election Nominees

The Free Speech Coalition (FSC) has announced the nominees for its 2025 Board of Directors election.

AdultHTML Launches Black Friday Web Design, Development Promo

AdultHTML has launched its annual Black Friday/Cyber Monday promo for web design and development, running through Dec. 5.

Canada Exempts Online Adult Content From 'CanCon' Quotas

The Canadian Radio-television and Telecommunications Commission (CRTC) has updated its broadcasting regulatory policies, exempting streaming adult content from “made in Canada” requirements that apply to other online material.

Creator Law Firm 'OnlyFirm' Launches

Entertainment attorney Alex Lonstein has officially launched OnlyFirm.com for creators.

German Court Puts Pornhub, YouPorn 'Network Ban' on Hold

The Administrative Court of Düsseldorf has temporarily blocked the State Media Authority of North Rhine-Westphalia (LfM) from forcing telecom providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

FSC: NC Law Invalidating Model Contracts Takes Effect December 1

The Free Speech Coalition (FSC) has issued a notice that North Carolina's Prevent Exploitation of Women and Minors Act goes into effect on December 1.

NYC Adult Businesses Seek SCOTUS Appeal in Zoning Case

Attorneys representing a group of New York City adult businesses are asking the U.S. Supreme Court to hear an appeal 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.

Show More