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AMERICAN BOOKSELLERS FOUNDATION v. STRICKLAND

Nos. 07-4375, 07-4376.

601 F.3d 622 (2008)

AMERICAN BOOKSELLERS FOUNDATION FOR FREE EXPRESSION, Association of American Publishers, Inc., Freedom to Read Foundation, National Association of Recording Merchandisers, Ohio Newspapers Association, Sexual Health Network, Inc., Video Software Dealers Association, Web Del Sol, Marty Klein, Plaintiffs-Appellees/Cross-Appellants, v. Ted STRICKLAND, Defendant, Richard Cordray, Ron O'Brien, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 15, 2010.

Attorney(s) appearing for the Case

ARGUED: Benjamin C. Mizer, Office of the Ohio Attorney General, Columbus, Ohio, for Appellants. Michael A. Bamberger, Sonnenschein Nath & Rosenthal LLP, New York, New York, for Appellees. ON BRIEF: Benjamin C. Mizer, William P. Marshall, Michael Dominic Meuti, Office of the Ohio Attorney General, Columbus, Ohio, for Appellants. Michael A. Bamberger, Sonnenschein Nath & Rosenthal LLP, New York, New York, Jennifer M. Kinsley, H. Louis Sirkin, Sirkin, Kinsley & Nazzarine, Cincinnati, Ohio, for Appellees.

Before MARTIN and KETHLEDGE, Circuit Judges; CARR, Chief District Judge.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Plaintiffs sued Ohio's Attorney General and county prosecutors, arguing that Ohio Revised Code § 2907.31(D)(1), which criminalizes sending juveniles material that is harmful to them, is unconstitutional under the First Amendment and Commerce Clause. The district court permanently enjoined its enforcement "as applied to internet communications" on the basis that it is overbroad in violation of the First Amendment...

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