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By Laura A. Bischoff, Staff Writer Updated 11:58 AM Thursday, January 28, 2010

COLUMBUS — The Ohio Supreme Court on Wednesday, Jan. 27, ruled that a state law designed to protect children from pornography and predators on the Internet applies only to material sent via person-to-person communications, such as instant messages, e-mails and private chat rooms.

The court said in a 7-0 decision that the law does not apply to material posted on generally accessible Web sites and public chat rooms when the person distributing the obscene material can’t prevent a juvenile from seeing it.

The court did not address the constitutionality of the law — that question is pending in federal appeals court.

Instead, the Ohio Supreme Court ruling gives the U.S. Sixth Circuit Court of Appeals in Cincinnati direction on which types of electronic communication are subject to prosecution under the state law.

The federal court asked the Ohio Supreme Court to decide whether Ohio Attorney General Richard Cordray’s interpretation of the law was correct — and the high court said yes.

“This law is an important tool for local law enforcement’s ongoing efforts to combat sexual predators’ use of the Internet and other electronic communications to prey on our young people,” Cordray said in a written statement. “I am pleased that the Ohio Supreme Court agreed with our reading of the statute, and I believe that our understanding of the law means that it is constitutional.”

David Horowitz, director of the Media Coalition Inc., which includes some of the plaintiffs in the case, applauded Cordray and the court for construing the law narrowly but said there are still plenty of unanswered questions.

“The decision is a step in the right direction, but still fails to make sure that the Ohio statute does not infringe free speech,” he said.

The American Booksellers Foundation for Free Expression, which is a member of the Media Coalition, argued that the law is too vague for the average citizen to know what is prohibited and it violates First Amendment protections.

In 2002, American Booksellers challenged a new Ohio law that banned dissemination of harmful materials to juveniles. In the midst of that lawsuit, legislators tweaked the law, which prompted American Booksellers to challenge the new version.

In 2007, the U.S. District Court issued a decision that neither side liked. Both the state and American Booksellers appealed.

Enforcement of the law has been on hold during the legal challenges.

Horowitz said it’s unclear what the federal court will do next. He also noted that the Media Coalition has won challenges to similar laws in six other states over the last dozen years.

Contact this reporter at (614) 224-1624 or lbischoff@DaytonDailyNews.com.

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