CINCINNATI (AP) – A federal appeals panel has ruled that an Ohio law aimed at protecting children from online pornography and predators is constitutional as interpreted by the state Supreme Court.

Reversing a lower court’s decision, a three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati found Thursday that the law does not violate free speech and other rights.

A coalition led by a booksellers group originally argued that the law against sending juveniles material harmful to them was too broad. They said it could erode the rights of online booksellers, newspaper publishers and video game dealers.

The law was later amended, and the state Supreme Court interpreted it to apply to personally directed communications and not public Web sites and chat rooms.

from www.theotherpaper.com –
The 6th US Court of Appeals ruled today that Ohio Revised Code statute 2907.31 (d) (1) which criminalizes “sending juveniles material that is harmful to them” in an effort to shield minors from explicit material and online predators does not pose a threat to free speech on the web as argued by publishers, media distributors and online sex educators.

From today’s ruling: “As the scope of the statute is limited to personally directed electronic communications, as currently available or available in the future, we find that the statute does not violate the First Amendment.”

Plaintiffs included the American Booksellers Foundation for Free Expression, Sexual Intelligence publisher Marty Klein, the Ohio Newspapers Association, Web del Sol and a trade group representing gaming and DVD distributors.

Ohio Attorney General Rich Cordray [pictured] praised the ruling today in a press release. “I’m pleased that the Sixth Circuit has agreed with our position that this law is in fact constitutional,” said Attorney General Cordray. “This will allow that law to finally be enforced, providing an important tool for local law enforcement and prosecutors as they combat sexual predators’ use of the Internet and other electronic communications to prey on our young people.”