American Booksellers Foundation for Free Expression v. Cordray

Summary

The Supreme Court of Ohio answered certified questions concerning the application of R.C. 2907.31(A) and (D) to electronic communications involving material harmful to juveniles. It held that the statute is limited to personally directed electronic communications and does not apply to material posted on generally accessible websites or in public chat rooms when the sender cannot prevent particular recipients from accessing it.

Holdings

1. R.C. 2907.31(D) limits the application of R.C. 2907.31(A) to electronic communications that can be personally directed to a recipient whom the sender knows or has reason to believe is a juvenile, including instant messages, person-to-person e-mails, and private chat rooms.
2. A person does not violate R.C. 2907.31(D) by posting material harmful to juveniles on a generally accessible website or in a public chat room because those methods of mass distribution do not allow the poster to prevent particular recipients, including juveniles, from accessing the material.

Questions Presented

1. Whether R.C. 2907.31(D) limits the application of R.C. 2907.31(A) to electronic communications that can be personally directed to a known or suspected juvenile recipient, such as instant messages, person-to-person e-mails, and private chat rooms.
2. Whether R.C. 2907.31(D) exempts material posted on generally accessible websites and in public chat rooms from liability when the method of mass distribution does not permit the sender to prevent a particular juvenile recipient from receiving the material.

Disposition

other