Ohio

Note: This page covers information specific to Ohio. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.

You have a right to attend most court proceedings in Ohio state courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the Ohio judiciary's website to find the locations, phone numbers, and websites for the state's courts. This pages focuses on your ability to access certain types of proceedings.

Criminal Proceedings

Trial Proceedings

You have a First Amendment right to attend criminal trials, Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580(1980). This includes the preliminary hearing and the jury selection process. This right is also protected by the Ohio Constitution. Ohio Const. art. I, § 16; see also State v. Lane, 397 N.E.2d 1338 (Ohio 1979).   read more »

Note: This page covers information specific to Ohio. For general information concerning access to government meetings see the Access to Government Meetings section of this guide.

The Ohio Open Meetings Act provides the public with a right of access to the meetings of a large number of government bodies at the state and local level in Ohio. The law entitles you to notice of these meetings and gives you the ability to inspect and copy meeting minutes. For more detailed information about Ohio's Open Meetings Act, please consult the Ohio Attorney General's excellent guide, Ohio Sunshine Laws 2008: An Open Government Resource Manual. It has detailed yet understandable explanations of the most important aspects of the state's open meetings and open records laws. For additional information, see the Reporters Committee for Freedom of the Press's Open Government Guide: Ohio.

What Meetings are Covered?

What Government Bodies Are Covered?   read more »

Note: This page covers information specific to Ohio. For general information concerning access to government records see the Access to Government Records section of this guide.

You have a statutory right to inspect a vast number of Ohio’s public records using the state's public records law. See chapter 149, section 43 of the Ohio Revised Code, (Ohio Rev. Code).You do not have to reveal your identity or your intended use of the records, as the official is not permitted to deny your request on these grounds. See Ohio Rev. Code § 149.43(B)(4).

What Records Are Covered in Ohio

What Government Bodies Are Covered

You are entitled to inspect and copy records of all "public offices" under Ohio’s public records law. The term "public office" is defined broadly and includes state, county, city, village, township, and school district units. See Ohio Rev. Code § 149.43(A)(1). Consult Access to Government Meetings in Ohio and Ohio State Court Records for more information on how to access records from those government entities.

What Types of Records Can Be Requested   read more »

Note: This page covers information specific to Ohio. See the section on Protecting Sources and Source Material for more general information.

Ohio has a shield law that may protect you from having to reveal the identity of your sources. However, the shield law only appears to cover those working for newspapers, press associations, and traditional radio and television broadcast stations. Ohio state courts do not recognize a "reporter's privilege" based on the U.S. Constitution or the Ohio Constitution. Nor do they recognize a common law privilege for reporters.

Federal courts in the Sixth Circuit Court of Appeals, which encompasses Ohio, recognize a qualified "reporter's privilege" based on the First Amendment to the U.S. Constitution. However, the scope of this privilege is uncertain because courts in the Sixth Circuit have only addressed the reporter's privilege in two cases.

The Privacy Protection Act may protect you against the search and/or seizure, in connection with a criminal investigation or prosecution, of materials you possess in connection with a purpose to disseminate to the public a newspaper, book, broadcast, or other similar form of public communication. This federal statutory protection applies regardless of the state in which you live.

Shield Law

Sources

Ohio's shield law is made up of two provisions -- Ohio Rev. Code § 2739.04 (broadcast) and Ohio Rev. Code § 2739.12 (newspapers).   read more »

Note: This page covers information specific to Ohio. For general information concerning the use of recording devices see the Recording Phone Calls, Conversations, Meetings and Hearings section of this guide.

Ohio Wiretapping Law

Ohio's wiretapping law is a "one-party consent" law. Ohio law makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. Ohio Rev. Code § 2933.52. Thus, if you operate in Ohio, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance. That said, if you intend to record conversations involving people located in more than one state, you should play it safe and get the consent of all parties.

Additionally, consent is not required for oral communications (e.g., in-person conversations) where the speakers does not have a reasonable expectation of privacy in the communication. See Ohio Rev. Code § 2933.51. This means that you are free to record a conversation happening between two people in a public place such as a street or a restaurant, so long as you are not using sensitive recording equipment to pick up what you otherwise would not hear.

In addition to subjecting you to criminal prosecution, violating the Ohio wiretapping law can expose you to a civil lawsuit for damages by an injured party.   read more »

The statute of limitations for intrusion claims in Ohio is 4 years. See Ohio Rev. Code 2305.09 (D).

Intrusion law in Ohio does not differ in any significant way from the law described in the General Elements of an Intrusion Claim section of this guide. See Sustin v. Fee, 431 N.E.2d 992, 993-94 (Ohio 1982). As result, you should follow the general advice outlined in the section on Practical Tips for Avoiding Liability When Gathering Private Information.

In addition, Ohio has gone further with the first element in stating that the intrusive conduct must be intentional. Negligent intrusion is not sufficient. See Filotei v. Booth Broad. Co., 1981 Ohio App. LEXIS 10461 at *6. At least one Ohio court has also noted that intrusion includes the making of persistent and unwanted telephone calls. See Clark v. Clark, 2005-Ohio-5252 (Ohio Ct. App. 2005).

Practical Tips for Avoiding Liability When Gathering Private Information

While you can't always eliminate your legal risks when gathering news or information, there are a number of ways you can minimize your risk of being on the receiving end of an intrusion lawsuit. See the section on Practical Tips for Avoiding Liability When Gathering Private Information for general advice on minimizing your risks. In Ohio, you should also consider:   read more »

Ohio law defines a business pursuit as work "engaged in regularly" which "produce[s] an income." Watkins v. Brown, 646 N.E.2d 485, 488 (Ohio App. 1994). CMLP has identified no Ohio cases interpreting this test in the context of online publishing out of the home (or elsewhere). As a general matter, however, Ohio courts have deemed activities to be business pursuits even when profit was not the primary motive and the amount of money earned was small.

Therefore, if you live in Ohio, you may be in danger of losing coverage for your online publishing activities if you make money from your website or blog, such as through advertisements or a tip jar, unless those activities are temporary or sporadic.

Note that specific language in a policy might lead a court to a result different from the overall state trend.