Another First Amendment Win in Ohio

April 22, 2010 -

The U.S. Court of Appeals for the Sixth Circuit, in Cincinnati, Ohio has ruled that a state statute, which imposes penalties for disseminating sexually-explicitly material to minors, cannot be applied to open communications, such as websites, public chatrooms or email-based listservs and mailing lists.

In American Booksellers Foundation for Free Expression (ABFFE) v. Strickland, the Court ruled (PDF) that the law should apply only to “personal directed” communication—such as person-to-person email or a private chatroom—“between an adult and a person that the adult knows or should know is a minor.”

The San Francisco Examiner previously noted the importance of the case to a variety of online sellers, including videogame retailers:

The group had argued the law could be applied broadly to online material and erode the constitutional free speech rights of online booksellers, newspaper publishers and video game dealers. Technology, they say, can't always keep the harmful information from children.

The decision follows Ohio’s Supreme Court clarifying a pair of specific questions relevant to the case earlier this year.

ABFFE President Chris Finan commented on the decision:

The federal court's narrow construction of the Ohio statute recognizes that the First Amendment protects the right of adults to use websites and other electronic means for communications that might be inappropriate in a one-to-one communication with a minor.

"We should certainly have in place adequate legal safeguards to shield children from objectionable content, but those safeguards cannot unreasonably interfere with the rights of adults to have access to materials that are protected by the First Amendment,” added Media Coalition General Counsel Michael Bamberger.


Comments

Re: Another First Amendment Win in Ohio

My personal opinion is that obsenity laws in general are unconstitutional and should be scapped altogether. Don't get me wrong, i definetly don't think young children should be exposed to sexually explicit material but then again young children don't seek out that material to being with and it's the sole responsibility of parents to make sure that their children aren't exposed to media they find unsuitable or inapproriate for them, not the nanny-state.

 "No law means no law" - Supreme Court Justice Hugo Black on the First Amendment

"No law means no law" - Supreme Court Justice Hugo Black on the First Amendment

Re: Another First Amendment Win in Ohio

Long term they probably will be overturned at some point, though it will probably be quite some time.  Right now the country is actually getting less comfortable with sex rather then more so it would not be a good time for a judge to obey the constitution over tradition/precedent.  Coupled with the unwillingness of people to fight them lest they be pained as perverts/pedophiles/whatever, leads to less backlash against them then there should be.

It will not be an easy fight though.  Look at how much trouble there is over 2nd amendment fights, and those groups are MUCH better positioned then 1st amendment ones, esp 1st amendment for adult content groups.

Re: Another First Amendment Win in Ohio

Personally i'd love to see another Free Speech absolutist like Hugo Black or William O. Douglas put on SCOTUS or even a near absolutist like William J. Brennan but i doubt that it's going to happen. The loss of Stevens (he believes that obsenity cannot be legally defined in a narrow enough and non-vague manner and therefore it can't be barred) on the Supreme Court is pretty bad as he is a libertarian when it comes to most Free Speech issues and i hope Obama picks someone with a very pro-free speech record to replace him.

 "No law means no law" - Supreme Court Justice Hugo Black on the First Amendment

"No law means no law" - Supreme Court Justice Hugo Black on the First Amendment

Re: Another First Amendment Win in Ohio

Always a happy way when freedom of speech gets a win.

http://www.magicinkgaming.com/

Re: Another First Amendment Win in Ohio

"The group had argued the law could be applied broadly to online material and erode the constitutional free speech rights of online booksellers, newspaper publishers and video game dealers."

 

Hate to say it, but that might have been part of the point behind the law.

 
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MechaCrashHey Neo, that bit with "he instigated it"? That is called victim blaming. Stop it.10/25/2014 - 11:05pm
KronoAnd a rebuttal to that article: https://medium.com/@cainejw/an-actual-statistical-analysis-of-gamergate-dfd809858f6810/25/2014 - 9:42pm
Technogeekhttp://www.newsweek.com/gamergate-about-media-ethics-or-harassing-women-harassment-data-show-27973610/25/2014 - 8:54pm
TechnogeekAnd speaking of harassment and Gamergate, Newsweek had a social media analytics company analyze the hashtag in the interest of finding out what the movement was really about. The results should surprise absolutely nobody at this point.10/25/2014 - 8:54pm
Neo_DrKefkaI was called a traitor for speaking out on harassment and I was put on a list for people on twitter to mass report me. Only GamerGate site that has come out of this that has been reputable would be TechRaptor. 2/210/25/2014 - 7:09pm
Neo_DrKefka@Neeneko The reason why I ended my support of #GamerGate was the fact KingofPol (The guy who was sent the knife) ended up saying crap about those with autism. At this point I confronted the community and some big wig writers on the #GamerGate side. 1/210/25/2014 - 7:08pm
NeenekoIt would also mean they have to confront that the sites already mostly cater to them and wiping that small percentage of otherness just does not justify new sites.10/25/2014 - 6:55pm
Neeneko@ quiknkold - problem is it has never been about freedom, it is about dominance, ownership, and priviliage. women and minorities should be the ones leaving and creating their own spaces, not them!10/25/2014 - 6:54pm
Neo_DrKefka@Mecha I hear you about KingofPol this is a guy who is using GamerGate to boost his career. Most of his streams are crap about him talking about him being drunk. What happened to him was wrong but it doesn't change the fact he has instigated much of this10/25/2014 - 5:40pm
Craig R.And I'll be perfectly happy in never seeing the phrase 'false flag' ever again, as it is one of the worst notions to ever come out of the camp of the tinfoil brigade that is already completely overused.10/25/2014 - 3:50pm
Craig R.Gone for a week and come back to find GG didn't go away at all. Dammit.10/25/2014 - 3:48pm
Matthew Wilsonif they were serious, they would go to youtube. most youtube game reviewers tend to revew games as product, and tend leave social issues out of it.10/25/2014 - 1:42pm
quiknkoldif the gamergaters were serious, they'd realize that Kotaku and Polygon arent the only games in town, and that with the freedom of the internet, they could create their own websites and achieve the goals they are trying to achieve without arguement.10/25/2014 - 1:35pm
james_fudgehe should have called the police.10/25/2014 - 1:20pm
TechnogeekAt least my statement still holds if it does turn out to be a false flag.10/25/2014 - 1:03pm
NeenekoThough I admit, since doxxing and false flag where heavily used tactics of the GG supporters, while they are not historical tactics used by detractors, I am skeptical how much it is really 'both sides' doing it in any real volume.10/25/2014 - 1:01pm
NeenekoOne thing that makes all of this messy is 'false flag' is a serious concern here. It does not help that the original GG instigators were also known for doing elaborate false flags to discredit feminism themselves.10/25/2014 - 12:59pm
MechaCrashThe guy who got the knife is the one who advocated doxxing, by the way, and was getting court documents about Zoe Quinn so he could publicly post them. It doesn't make what happened to him right, but he deserves no sympathy.10/25/2014 - 12:42pm
TechnogeekNo, that's a pretty shitty thing to do and I fully support the responsible parties getting a visit from the relevant legal authorities.10/25/2014 - 12:17pm
Neo_DrKefkaSomeone anyone tell me how two wrongs somehow make a right? This is becoming exhausting and both sides are out of there minds!10/25/2014 - 11:40am
 

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