News & Commentary

To Chairman Wilson, Vice Chair Hackett, Ranking Member Smith, and members of the Senate Financial Institutions & Technology Committee, thank you for this opportunity to provide opponent testimony on Senate Bill 212. As this committee knows, SB 212 is a bill requiring people, including adult to have their age verified before they can legally access (or are denied access to) constitutionally protected speech online when that content is considered “harmful to juveniles” under current Ohio law. While previous hearings on SB 212 have focused exclusively on pornography, please be aware SB 212 applies to far more speech than what is often or commonly defined as “pornography”. Indeed, harmful to juveniles laws have been used in the past (and present) to target movies, books, music, comic books, and more. There should be no surprise if and when SB 212 is used the same way. Because of their subjective nature, such laws have long been a thorn in the side of free speech advocates. Ask 10 (or 25, 50, or 100) people how to determine what is “patently offensive to prevailing standards in the adult community” or if the speech or content “lacks serious literary, artistic, political, and scientific value for juveniles” then prepare to receive 10, 25, 50, or 100 different answers occupying a sliding scale of what these terms mean or should mean. In addition, courts have long been very protective of free speech rights when government imposes any burdens on adults’ ability to access constitutionally protected speech, including online content. This is especially true when less restrictive means to accomplish the same goals exist. That is why laws like the type proposed via SB 212 have repeatedly been rejected by federal and state courts over many decades. In short, courts are largely hostile to the idea adults must jump through any government-imposed hoops to access speech and content protected by the First Amendment. Because of the murky nature of harmful to juveniles laws, many of those who provide content will stop or severely curtail what they make available should SB 212 pass. Some may cease operations altogether. This is because they will ear prosecution and possible conviction for violations. The ACLU of Ohio believes such chilling of speech is the intention of many proponents of bills like SB 212. If such bills or laws scare providers into leaving the state or diluting content to only that which is acceptable to, say, 8-year-olds, then many proponents still accomplish their ultimate and publicly stated goal of restricting or ending access to pornography (and/or other content) for both adults and children. Of course, other means are available for parents to restrict access by their children to questionable materials by their children without any government involvement. Software exists to block access to individual websites. Filters can be used to restrict access to sites with particular words, images, or content. Other methods can be used to track online activity and learn what was accessed. Such tools are more widely available than ever before, at low prices, many times entirely free. Because parents, not the government, may or do make such decisions and utilize such tools, First Amendment rights are not implicated. On a related note, SB 212 can be subverted through the use of a virtual private network, or VPN. Such a service allows people to use and surf the internet in anonymity. Like the blocking and filtering software just mentioned, VPN technology is prevalent and inexpensive, some of it free. This reality may very well make bills such as SB 212 moot in a practical, if not legal, sense. Members of this committee, there are other reasons to oppose SB 212. But, my intention for now is to raise concerns about the constitutionality of SB 212, how the goals of many proponents can be accomplished without government action, and why SB 212 may ultimately have little impact on minors’ ability to access pornography and other content. The ACLU of Ohio encourages your rejection of Senate Bill 212.

A newly released report by Dr. David Niven, commission by the League of Woman Voters of Ohio (LWVO), titled “Ohio’s Sixth Congressional District: A District of Strangers,” is yet another data point. Another reminder of just how gerrymandered Ohio is.

With every passing year, Ohio falls further behind with regard to statewide laws protecting student privacy. SB 29 not only adequately updates our laws, its passage will make Ohio a leader for the rest of the country.

ACLU of Ohio, along with Children’s Law Center and the Schubert Center for Child Studies at Case Western Reserve University formed the Greater CLE Youth Justice Collective.

HB 295 appears to be two separate, unrelated bills combined into one as one section addresses online material that is harmful to juveniles or obscene. The other is about the unauthorized dissemination of “deepfake” images. I appear today to testify only on the harmful to juveniles/obscenity portion.

House Bill 149 contains several welcome provisions we believe are necessary with any drone regulation bill.

Passage of HB 305 would provide crucial progress towards modernizing many of Ohio’s individual courts, and the overall court system in our state.

As the grass gets greener and Spring flowers bloom, we want you to be aware of what’s on the horizon for adult-use cannabis in Ohio.

Voting is a cornerstone of our democracy, a key process that allows individuals from all demographics, regions, and walks of life to make their voices and values known. At the ACLU of Ohio, we believe that our lawmakers should be increasing voter access, not creating barriers to the ballot box and making it more difficult for historically marginalized communities to cast a ballot. That’s why when it came to HB 458, Ohio’s law criminalizing those who help voters with disabilities, we said: See you in court. An OverviewSigned into law by Governor DeWine in January 2023, HB 458 altered Ohio law by imposing several new restrictions on voting.  It severely restricts the types of acceptable identification for in-person voting, shortens key voter deadlines, limits the use of drop boxes, and imposes new criminal penalties on absentee ballot regulations. HB 458’s Impact on Voters The negative effects of this restrictive voting law reach voters far and wide – from college students and those without photo IDs to military members and out-of-state individuals. Adding insult to injury, HB 458 also specifically hinders voters with disabilities, many of whom require assistance from another person to vote. Under the law, which went into effect in April 2023, it is a felony for anyone who is not an election official or mail carrier to possess or return the absentee ballot of a voter, unless the person assisting that voter falls within a specific list of relatives. The list includes: a voter’s spouse, father, mother, father-in-law, mother-in-law, grandfather, grandmother, brother or sister of whole or half blood, son, daughter, adopting parent, adopted child, stepparent, stepchild, uncle, aunt, nephew, or niece. Notably, a voter’s adult grandchild, domestic partner, cousin, roommate, neighbor or other trusted friend or caregiver is not authorized to help. For many Ohioans with disabilities, this severely burdens their ability to vote.HB 458 doesn’t protect voter access; it allows lawmakers to isolate a subset of voters who, along with all other Ohioans, deserve to be able to complete their civic duty. For those with mobility issues or other disabilities, it can be incredibly difficult to travel to a polling location or a county’s ballot drop box. This legislation does not permit professional caregivers or other trusted persons or associations to return someone’s absentee ballot for them. So these individuals and volunteers now face extreme, unnecessary penalties if they merely assist community members or perform their caregiving duties. See You in CourtOn December 19, 2023, we filed a challenge against HB 458 along with the American Civil Liberties Union and the law firm of Covington & Burling, representing the League of Women Voters of Ohio and voter Jennifer Kucera. Jennifer is an Ohioan living by herself with a severe disability. Like many other individuals with disabilities, she relies on her caregivers to assist with various daily tasks. She cannot vote on her own.  Yet the people she depends on the most aren’t permitted to return her absentee ballot, even with her explicit consent. Many voters also rely on the critical efforts of respected organizations, like the League of Women Voters, to assist and offer voting support.Our lawsuit specifically challenges the provision limiting which individuals may return absentee ballots for others, as it directly violates the Voting Rights Act and Title II of the Americans with Disabilities Act. This unlawful barrier not only hinders the right to vote for many Ohioans with disabilities, but also criminalizes the key work of voting rights organizations.  We are specifically requesting the court to declare that this provision violates federal law and to order Secretary LaRose and the other defendants named in the suit to ensure that people beyond the approved family members are included in HB 458. This will allow caregivers and other critical individuals to assist voters with disabilities without the threat of prosecution.Partisan Actors Attempt to Mislead YouThe Ohio GOP has moved to intervene in the lawsuit, claiming that they are defending a “ballot harvesting ban.” Nothing could be further from the truth. Don’t fall for this attempt to turn a narrow accessibility issue into some widespread "ballot harvesting” scheme. This litigation addresses only voters with disabilities who need assistance returning their ballot. Attempts to mischaracterize and politicize this civil rights issue are shameful. Whether voting by mail, early in person, or in person on Election Day, we stand committed to ensuring ALL Ohioans can cast their ballots without the hindrance of unnecessary and unconstitutional barriers introduced by Ohio lawmakers. Follow us on social media or join our Action Team to stay updated on this lawsuit and all our legal battles.