Media groups challenge Ohio's new anti-porn law

By The Associated Press

05.07.02

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WORTHINGTON, Ohio — An anti-pornography law that prosecutors say is aimed only at sexual predators could affect mainstream literature and movies, says a group that sued to overturn the measure yesterday, hours after Gov. Bob Taft signed it.

The law adds computer images to the list of possible ways to display sexually explicit material and other content deemed "harmful to juveniles." But opponents say the law is unconstitutional.

"The lawyers are telling us ... in all likelihood they believe the Ohio law will be sustained," Taft said yesterday after signing the bill at City Hall in this Columbus suburb. "This bill leaves no doubt: If you exploit children in Ohio through any medium, you will be punished," Taft said.

Attorneys for a Dayton bookstore owner, Ohio Newspaper Association, Video Software Dealers of America and others filed a challenge yesterday in U.S. District Court in Dayton. The groups said the definition of "harmful" is too broad and unfairly applies Ohio standards to the Internet, a global medium.

"It covers violence. It covers glamorization of crime. It covers brutality," said Michael Bamberger, an attorney for the opponents. "It covers many things, all of which are First Amendment protected."

Jim Latham, co-owner of Wilkie News bookstore in Dayton, said he would be afraid even to display questionable material and might have to card juveniles or cordon off sections of his store.

The "harmful to juveniles" definition has been law for 26 years, and police and prosecutors so far have not gone after books or movies, countered Franklin County Prosecutor Ron O'Brien.

"This bill does not make anything else illegal that is not illegal now," agreed its sponsor, state Rep. Jim Hughes, a Columbus Republican.

Hughes said the bill was narrowly tailored to conform with federal court decisions on obscenity laws.

His bill added to the 1974 definition of the word "material," so that it includes images that appear on a computer monitor, TV screen or liquid crystal display, transmitted via e-mail through the Internet, or recorded on a computer hard drive or floppy disk.

Simply connecting to a Web site does not violate the law, says an analysis by the Legislative Services Commission. The image must be part of a "direct presentation to a specific, known juvenile or group of known juveniles."

The groups challenging the law say they don't question the state's power to stop child pornography or enticing minors into inappropriate activity.

But banning dissemination of harmful materials on the Internet criminalizes a broad range of constitutionally protected speech for users worldwide, Bamberger said.

Courts have ruled against similar laws in other states, he said.

"The way the Internet is set up, you cannot distinguish between states in terms of the people that receive transmissions on the Internet, nor can you distinguish and exclude minors," Bamberger said.

Hughes said he wrote the bill because of a case he handled while an assistant prosecutor in Franklin County. Mark Maxwell of Oxford was sentenced to 18 years in prison in 1999 on 18 counts related to enticing minors into sex through Internet chat rooms and e-mail.

Maxwell was arrested at a Worthington ice cream store, where he set up a meeting with a 13-year-old girl, who wore a police wire.

But Hughes said four counts were dismissed because jurors said the law on disseminating pornography did not include electronic images.

A 2001 state law covers using the Internet or telephone to solicit sex from minors. Several police agencies in Ohio have task forces dedicated to Internet crimes.

Update

Ohio anti-porn law put on hold
Federal judge issues temporary restraining order, saying law's definition of what is harmful to juveniles is too broad and outlaws First Amendment-protected expression.  08.05.02

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Media groups urge Ohio governor to veto porn bill
Motion picture industry, others say they will sue if Gov. Bob Taft signs measure to expand state's pornography law to Internet.  02.15.02