State of Ohio v. Ellison [1] SummaryThreat Type: Criminal ChargeDate: 10/10/2008Status: ConcludedDisposition: Dismissed (total)Location: Ohio Verdict or Settlement Amount: N/ALegal Claims: Harassment The state of Ohio brought criminal charges of telecommunications harassment against Ripley Ellison, a high school student, who stated on her MySpace page that her classmate and former friend had molested her (Ripley's) younger brother. The Hamilton County Municipal Court convicted Ellison under... read full description PartiesParty Receiving Legal Threat: Ripley C. Ellison Type of Party: GovernmentType of Party: IndividualLocation of Party: OhioLocation of Party: OhioLegal Counsel: Joseph T. Deters and Ronald Springman, Jr. - Office of Hamilton County Prosecuting Attorney Legal Counsel: Michael W. Welsh Description The state of Ohio brought criminal charges of telecommunications harassment against Ripley Ellison, a high school student, who stated on her MySpace page that her classmate and former friend had molested her (Ripley's) younger brother. The Hamilton County Municipal Court convicted Ellison under Ohio Rev. Code § 2917.21(b) [2] after a bench trial. The Ohio Court of Appeals reversed, holding the evidence was not sufficient to support her conviction. Specifically, the appellate court found that (1) the state had failed to establish that Ellison made a communication with the purpose to harass; (2) Ellison had posted the accusation for the legitimate purpose of warning others of what she believed to be criminal behavior; and (3) Ellison never directed the communication to her classmate, despite the opportunity to do so. The majority opinion did not address Ellison's First Amendment challenge to her conviction. But Judge Painter stated in his concurring opinion that "the First Amendment would not allow punishment for making a nonthreatening comment on the Internet, just as it would not for writing a newspaper article, posting a sign, or speaking on the radio." Related Links: The Volokh Conspiracy [3] DetailsWeb Site(s) Involved: MySpace.com [4] Content Type: TextPublication Medium: Social NetworkSubject Area: Free SpeechCriminalStudent Speech Court Information & DocumentsJurisdiction: OhioSource of Law: OhioCourt Name: Hamilton County Municipal Court; Court of Appeals of Ohio, First Appellate District, Hamilton County Court Type: StateCase Number: 07CRB-33168 (trial level); C-070875 (appellate level)Relevant Documents: 2008-10-10-Ohio v. Ellison Appellate Opinion.pdf [5] CMLP Information (Private)Priority: 1-HighThreat Source: RSSCMLP Notes: Might also be a disclipinary action threat in here as well. {MCS} Source: Volokh Conspiracy, via RSS