United States Sixth Circuit

In plaintiffs' suit claiming that Ohio Revised Code section 2907.31(D)(1), criminalizing sending juveniles material that is harmful to them, is unconstitutional under the First Amendment and Commerce Clause, district court's judgment for the plaintiffs and its order permanently enjoining enforcement of the statute as applied to internet communications on the basis that it is overbroad, is reversed and vacated, as the statute does not violate the First Amendment or the Commerce Clause because the scope of the statute is limited to personally directed electronic communications, as currently available or developed in the future.

Appellate Information

• Argued 12/12/2008
• Decided 04/15/2010
• Published 04/15/2010

Judges

• Before MARTIN and KETHLEDGE, Circuit Judges; CARR, Chief District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Benjamin C. Mizer, Office of the Ohio Attorney General, Columbus, Ohio, for Appellants. Michael A. Bamberger, Sonnenschein Nath & Rosenthal LLP, New York, New York, for Appellees. ON BRIEF:Benjamin C. Mizer, William P. Marshall, Michael Dominic Meuti, Office of the Ohio Attorney General, Columbus, Ohio, for Appellants. Michael A. Bamberger, Sonnenschein Nath & Rosenthal LLP, New York, New York, Jennifer M. Kinsley, H. Louis Sirkin, Sirkin, Kinsley & Nazzarine, Cincinnati, Ohio, for Appellees.