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.
What happened in the case?
Following the deaths of his father and brother-in-law, appellant Jeffrey Rasawehr began posting on social media sites as well as local news sites that his mother and sister contributed to the deaths of their respective husbands. A billboard located near his sister’s house contained … Read More... “The First Amendment and the Digital Age: Can the Court stop you from posting online? The Ohio Supreme Court Addresses this Question”
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.
In 2005, a seventeen-year old girl named Shynerra Grant was murdered by her ex-boyfriend, Antonio. Â She had just graduated high school in Toledo, Ohio, and was heading to college in the fall. Â Shynerra had been stalked by her ex-boyfriend for more than a year before she was murdered. Â 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. Â 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.