Home -> Law Blog Directory -> Podcasts Blogs -> InternetCases.com
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Podcasts
: InternetCases.comOhio internet obscenity statute constitutional
By Evan Brown
American Booksellers Foundation for Free Expression v. Strickland, — F.3d —, 2010 WL 1488123 (6th Cir. April 15, 2010)
Court holds that statute prohibiting distribution of material harmful to minors directly via the internet is not overly broad and therefore not unconstitutional.
Ohio has a statute that criminalizes sending juveniles material that is harmful to those juveniles (ORC 2907.31). Section D of that statute specifically addresses communications “by means of an electronic method of remotely transmitting information.”

A group of booksellers and publishers challenged this statute on First Amendmendment grounds, arguing that the provisions are overly broad. After a complex procedural journey that began in 2002, the Sixth Circuit Court of Appeals has held that the statute is not unconstitutional.
The court held that the statute was not overly broad because it only apllies to personally directed communications. For that reason, the plaintiffs were unable to demonstrate from the text of the statute that a “substantial number of instances exist in which the law cannot be applied constitutionally.”
Unlike a typical First Amendment case, the court did not apply the “strict scrutiny” test for constitutionality, because the statute does not affect protected speech among adults. But the court noted that even if that test applied, it would have survived strict scrutiny, given the compelling interests in protecting children from predators.
(Photo: Derived from an image licensed under a Creative Commons Attribution Share-Alike (2.0) from iboy’s photostream)
Full post as published by InternetCases.com on April 20, 2010 (boomark / email).
Gambling Governed by State Laws
State laws vary with respect to gambling
Internet/Technology
involving cyber law, consumer protection, internet crime, internet fraud, online gambling, e-commerce.
Ohio Health Centers
Ohio Health Centers Sued for Improper Billing
Ohio Drinking Water
Contaminated with Acid
Immigration and Customs Enforcement
alleging government agencies and officials violated immigrant workers' constitutional rights.
Right-of-Way
City of Hastings pays preacher $1 settlement and $10,000 in legal fees for constitutional right violations.
Cowboy Hat
Lincoln County pays citizen $10,500 settlement for Constitutional Rights violations.

New Obscenity Charges Raise Questions in Internet Age
Obscenity Convictions Raise Issues
Pat Trueman on Wallbuilders Live: The problem of sexting and recent obscenity rulings
The 2008 Presidential Election and Its Impact on Enforcement of Federal Obscenity Laws
Free Ward in the Battle Against Obscenity
Eleventh Circuit Rejects Ninth Circuits National-Standard-for-Internet-Obscenity Decision









