Legal Research

"6th. Circuit Court of Appeals Holds Ohio Anti-Porn Law Constitutional"

This post was written by Chuck Kallendorf: "USAToday yesterday reported that "a three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati found that Ohio law does not violate the First Amendment guaranteeing freedom of speech or the Constitution's commerce clause, which was intended to allow the free flow of goods among the states. ( Decision )

The Court in its opinion said it "certified the question of the scope of Ohio's statute to the Ohio Supreme Court in Am. Booksellers Found. for Free Expression v. Strickland, 560 F.3d 443, 447 (6th Cir. 2009). The Ohio Supreme Court issued an opinion stating that the statute applied only to personally directed electronic communications and that it did not apply to generally accessible communications earlier this year in Am. Booksellers Found. v. Cordray, 922 N.E.2d 192, at 195 (Ohio 2010). As the scope of the statute is limited to personally directed electronic communications, as currently available or developed in the future, we find that the statute does not violate the First Amendment or the Commerce Clause."

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Source: Hamilton County Law Library Blog, 16 April 2010, reproduced with permission.

Full post as published by Stark County Law Library Blawg on April 19, 2010 (boomark / email).