The First Amendment and the Digital Age: Can the Court stop you from posting online? The Ohio Supreme Court Addresses this Question

cspo civil stalking protection order first amendment social media

Civil Stalking Protection Order (CSPO) Ruling In Ohio!

Ohio Supreme Court Rules on Civil Stalking Protection Order (CSPO) Usage, and Social Media First Amendment Rights

Social media sites have become important platforms for exercising free speech rights protected under the First Amendment of the U.S. Constitution. Despite overall agreement as to the importance of such platforms, there is debate over the extent to which such speech can be restricted. One side argues that there are not enough measures in place to protect against violent or false content, while the other argues that such measures could unfairly restrict potentially valuable content.

On June 16, 2020, the Ohio Supreme Court spoke on this controversy in its decision, Bey v. Rasawehr, Slip Opinion No. 2020-Ohio-3301, where the Court held that a civil stalking protection order (CSPO) restricting future postings imposed an unconstitutional prior restraint on protected speech. Click here to read the opinion.… View Full Article → “The First Amendment and the Digital Age: Can the Court stop you from posting online? The Ohio Supreme Court Addresses this Question”

Facebook Tagging: Violating A Protection Order Through Social Media

Violation of Protection Order Online: How Tagging A Victim On Facebook Or Social Media Platforms Can Land You In Jail!

This article is posted with permission from Attorney Tom Kopacz from an article he posted on January 19, 2016, on our firm’s Ohio Criminal Defense Law Blog…Get ready for a good read!

Close your eyes for a moment and think back to a day when Facebook, Twitter, Instagram, Reddit, Vimeo, YouTube, and LinkedIn were not in existence.  Did you feel that sense of pure freedom from Social Media or did you freak out because you don’t know what you friend had for lunch today because you can’t see his food post?  Regardless, it is pretty crazy to think about our society without Social Media or Facebook at the grasp of our fingertips.

Millions of people connect every second of the day via Social Media platforms like Facebook.  By simply posting a picture or a status update you are connected with people across the world. … View Full Article → “Facebook Tagging: Violating A Protection Order Through Social Media”

New Law Protects Teens from Dating Harassment and Violence

In 2005, a seventeen-year old girl named Shynerra Grant was murdered by her ex-boyfriend, Antonio.  She had just graduated high school in Toledo, Ohio, and was heading to college in the fall.  Shynerra had been stalked by her ex-boyfriend for more than a year before she was murdered.  Antonio stalked and abused Shynerra, including an incident in May 2004 when he broke into her home and put her in the hospital with a broken jaw.  At the time an adult could obtain a Civil Stalking Protection Order (CSPO), but it was almost impossible for minors to get that same protection if the aggressor was another minor.

In March 2010, the Ohio General Assembly passed legislation that would confront this issue.  House Bill 10, named the Shynerra Grant Law, was sent to Governor Strickland for his signature.  The Governor signed the bill into law and it will become effective on June 17, 2010.  … View Full Article → “New Law Protects Teens from Dating Harassment and Violence”