Lawsuit challenges Ohio internet harassment law, claiming it stifles criticism of public officials
Lawsuit challenges Ohio internet harassment law, claiming
it stifles criticism of public officials
A lawsuit filed Tuesday says Ohio's internet harassment
law is overly broad.
By Eric Heisig, cleveland.com on May 17, 2017 at 9:54 AM,
updated May 17, 2017 at 4:09 PM
CLEVELAND, Ohio -- A liberal blog and conservative group
filed a federal lawsuit Tuesday to challenge an Ohio law passed last year that
prohibits internet harassment, saying it's overly broad and infringes on the
First Amendment.
The law was passed in April 2016 and went into effect in
August. It says "no person shall knowingly post a text or audio statement
or an image on an internet web site or web page for the purpose of abusing,
threatening or harassing another person." A first-time violation of this
law is considered a first-degree misdemeanor.
The lawsuit was filed by the liberal blog Plunderbund,
the Portage County Tea Party. Also included as plaintiffs are John Spinelli,
who frequently writes for Plunderbund, and Tom Zawistowski, head of the Portage
County Tea Party.
The plaintiffs claim the law's language is overly broad
and prohibits critical speech of public officials. Both groups publish opinions
critical of public officials and their court filings say they are not covered
under an exception in Ohio law provided for media outlets.
The groups are asking a judge to block the law while the
case is pending and to ultimately find the law unconstitutional.
It acknowledges that the groups sometimes put
"invective, ridicule and strong language intended to mock, lampoon or call
into question the actions, motives and public policy positions of various
figures" in its articles. However, that speech is protected and should not
be subject to criminal sanctions, the suit says.
"In sum, the Plaintiffs engage in core political expression
of a sort squarely within the heartland of what the First Amendment protects,
and yet legitimately fear prosecution under the statute based upon the
provocative and critical nature of what they publish," the groups state in
a filing asking for a preliminary injunction.
The suit, filed by UCLA law professor Eugene Volokh and
Cleveland attorney Raymond Vasvari, says the law "criminalizes speech
about an unwilling subject."
The lawsuit says it is not challenging the prohibition on
threatening statements posted online.
Franklin County Prosecutor Ron O'Brien and Portage County
Prosecutor Victor Vigluicci are also named as defendants. The case is assigned
to U.S. District Judge Sara Lioi in Akron.
Ohio Attorney General's Office spokesman Dan Tierney said
the office has been made aware of the lawsuit and will respond accordingly.
The bill that passed last year was put forth by Rep.
Marlene Anielski, a Walton Hills Republican. It was inspired by Broadview
Heights resident Lori Siwik, who said she and her family were victims of
harassment and stalking in 2005 and 2006.
Siwik said a neighbor created a website to harass her and
her husband. Siwik said police told her there was nothing they could do.
Comments
Post a Comment