Ohio v. Beckley

Is the Ohio State Pyramid statute an unconstitutional prior restraint of speech?


The Ohio Supreme Court held that the state statute prohibiting pyramid schemes was not a prior restraint on free speech. The statute prohibits proposing, planning and preparing to operate a pyramid plan or program. Beckley challenged the statute's constitutionality, arguing that by prohibiting planning and proposing a pyramid program, the statute was an unconstitutional prior restraint on free speech. The Court disagreed; saying that when read in conjunction with the penalty section of the statute, there was no risk of it being applied as a prior restraint on speech. The construction of a statute depends on its operation and effect, not on the form. By looking at the whole statute, the court disagreed with Beckley's argument, and reversed the trial court.

Case and case summary are also available online at: http://www.mlmlegal.com/legal-cases/Ohio_v_Beckley.php

LOADING PDF: If there are any problems, click here to download the file.

Reference Info:State, 6th Circuit, Ohio | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Babener & Associates | Attorney Advertising

Written by:


Babener & Associates on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.