2009-Ohio-2511
No. 2009-0609.Supreme Court of Ohio.
June 3, 2009.
Certified Question of State Law, United States Court of Appeals for the Sixth Circuit, Nos. 07-4375 and 07-4376.
MOTION AND PROCEDURAL RULINGS
On review of preliminary memoranda pursuant to S.Ct.Prac. R. XVIII(6). The court will answer the following questions:
1. “Is the Attorney General correct in construing R.C. 2907.31(D) to limit the scope of R.C. 2907.31(A), as applied to electronic communications, to personally directed devices such as instant messaging, person-to-person e-mails, and private chat rooms?”
2. “Is the Attorney General correct in construing R.C. 2907.31(D) to exempt from liability material posted on generally accessible websites and in public chat rooms?”
LUNDBERG STRATTON, O’DONNELL, and CUPP, JJ., dissent.