Three major Ohio newspapers are asking the Ohio Supreme Court to block strict new media rules imposed in two high-profile criminal trials tied to the House Bill 6 bribery scandal, and the state’s highest court is now involved.
The Ohio Supreme Court has ordered Summit County Common Pleas Court Judge Susan Baker Ross to file a response to the complaint by Monday, Feb. 2.
The case was filed by The Cincinnati Enquirer, Akron Beacon Journal, and Columbus Dispatch, which argue the judge’s recent “media participation and decorum” orders violate the First Amendment and unlawfully restrict press freedom.
The orders apply to the upcoming trials of former FirstEnergy executives Charles Jones and Michael Dowling, both charged in connection with the public corruption scheme that led to the repeal of House Bill 6.
The newspapers challenge two major provisions in the judge’s orders.
First, the orders prohibit journalists from publishing or sharing any information that could identify jurors or prospective jurors, even if the information is lawfully obtained or shared with consent. The newspapers argue this is an unconstitutional “prior restraint,” meaning the government is stopping speech before it happens, something courts have consistently ruled against except in the most extreme circumstances.
Second, the orders state journalists do not have exclusive ownership of their photos, videos, or recordings and could be required to provide those materials to the court or attorneys upon request. Media organizations argue this threatens press independence and could allow government access to journalists’ work without proper legal process.
In their filing, the newspapers say Judge Baker Ross exceeded her authority and are asking the Ohio Supreme Court to immediately block enforcement of the challenged provisions and ultimately issue a permanent ruling preventing their use.
The Supreme Court has not yet ruled on the merits of the case, but by ordering a response from the judge, the justices have formally moved the case forward. A decision could have broad implications for media access and press freedom in high-profile criminal trials across Ohio.
