Berea Municipal Court · Docket Entry
UPON DEFENDANT MOTION TO DISMISS AND DEFENDANT MOTION TO VACATE CRPO, AND THE BRIEFS AND ARGUMENTS OF THE PARTIES, THE COURT FINDS THAT IN FACT, ANY RESTRICTION ON DEFENDANT FUTURE ONLINE COMMENTS WOULD BE A PRIOR RESTRAINT OF FREE SPEECH (SEE BAY -VS- RASAWEHR) AND THEREFORE UNCONSTITUTIONAL. THEREFORE, PARAGRAPH 6 OF CRPO HAS BEEN REMOVED FROM THE CRPO AS MODIFIED ON 11/02/2020. HOWEVER, COURT FINDS THE REMAINING PORTIONS OF CRPO, AS MODIFIED ON 11/02/2020, ARE NOT AFFECTED BY THIS FINDING, AND ARE THEREFORE STILL IN FORCE. AND FURTHER, THE CHARGES IN THIS CASE ARE FOR PRIOR ACTIONS, SO MOTION TO DISMISS DENIED.