The First Amendment and the Digital Age: Can the Court stop you from posting online? The Ohio Supreme Court Addresses this Question

The First Amendment and the Digital Age: Can the Court stop you from posting online? The Ohio Supreme Court Addresses this Question
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Civil Stalking Protection Order (CSPO) Ruling In Ohio!

Ohio Supreme Court Rules on Civil Stalking Protection Order (CSPO) Usage, and Social Media First Amendment Rights

cspo civil stalking protection order first amendment social mediaSocial media sites have become important platforms for exercising free speech rights protected under the First Amendment of the U.S. Constitution. Despite overall agreement as to the importance of such platforms, there is debate over the extent to which such speech can be restricted. One side argues that there are not enough measures in place to protect against violent or false content, while the other argues that such measures could unfairly restrict potentially valuable content.

On June 16, 2020, the Ohio Supreme Court spoke on this controversy in its decision, Bey v. Rasawehr, Slip Opinion No. 2020-Ohio-3301, where the Court held that a civil stalking protection order (CSPO) restricting future postings imposed an unconstitutional prior restraint on protected speech. Click here to read the opinion.

What happened in the case?

Following the deaths of his father and brother-in-law, appellant Jeffrey Rasawehr began posting on social media sites as well as local news sites that his mother and sister contributed to the … Read More... “The First Amendment and the Digital Age: Can the Court stop you from posting online? The Ohio Supreme Court Addresses this Question”

Supreme Court Rules: LGBTQ People are Protected from Job Discrimination

Supreme Court Rules: LGBTQ People are Protected from Job Discrimination
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Divided Supreme Court Rules On Sex Discrimination Protection For LGBT Workers

discrimination LGBT civil rights actIn a landmark ruling, a divided Supreme Court ruled on June 15, 2020 that the 1964 Civil Rights Act barring sex discrimination in the workplace also protects LGBTQ employees from being fired because of their sexual orientation. The case, Bostock v. Clayton County, Georgia can be accessed by clicking here. The court decided by a 6-3 vote that a key protection of the Civil Rights Act  of 1964 known as Title VII that bars job discrimination because of sex also encompasses discrimination against LGBT workers.

The decision was written by Associate Justice Neil Gorsuch (who was appointed to the Court by President Trump). Chief Justice John Roberts also joined the court’s four liberal justices composing the majority. Dissenting were Associate Justices Samuel Alito, Clarence Thomas and Brett Kavanaugh.

“An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex,” Justice Neil Gorsuch wrote for the court. “Sex plays a necessary and undisguisable role in the decision,

… Read More... “Supreme Court Rules: LGBTQ People are Protected from Job Discrimination”

Child Visitation Exchanges – Tips to Avoid Problems!

Child Visitation Exchanges – Tips to Avoid Problems!
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Visitation Exchanges. Do this to Avoid Friction with your Ex!

visitation exchanges custodyVisitation exchanges and custody exchanges can be uncomfortable and sometimes downright combative depending upon the relationship between the parents. They can also be stressful to your child as well. The overall objective needs to be to keep things civil and reduce friction all the way around.

Here are some common-sense tips of what to do, or not do in visitation exchanges:

  1. Coordinate Drop Off/Pick Up Location: In high conflict cases, the less you have to interact with your Ex the better. One common approach is agreeing upon making the switch at school, a daycare center, babysitters or friend’s house.  Other options are at a public place such as a park or restaurant. In extreme situations, some folks will make the exchange outside the local police department. You need to figure a spot that is practical and reduces possible danger
  2. Bring a Third Party: Some folks will bring a witness to observe the drop off/pickups and to act as an observer and help reduce any friction. If you do this, please be smart in who you choose. Typically,
… Read More... “Child Visitation Exchanges – Tips to Avoid Problems!”

Study Finds that Same-Sex Weddings have Generated $3.8 billion Over the Last 5 Years

Study Finds that Same-Sex Weddings have Generated $3.8 billion Over the Last 5 Years
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Same-Sex weddings Have Generated Billion in Local and State Economic Activity in U.S. According to Study

same-sex marriage same-sex weddingsIt is estimated that there are 513,000 married same-sex couples in the United States. There are 28 United Nations’ member states that recognize the right of same-sex individuals to marry.  According to a study released on May 25, 2020 by the Williams Institute on Sexual Orientation and Gender Identity Law at UCLA , same-sex weddings have generated $3.8 billion in local and state economic activity in the United States since the Supreme Court legalized gay marriage five years ago this month in Obergefell v. Hodges. Click here to read the Supreme Court decision.

In June 2015, when the Supreme Court issued its decision in Obergefell, there were an estimated 242,000 same-sex married couples in the U.S. The number of married same-sex couples has more than doubled since then. An estimated 513,000 same-sex couples are married as of March 2020. The researchers used data from the government’s American Community Survey.

Researchers found the average cost of a same-sex marriage was $11,000 (compared with $15,000 for heterosexual couples), coming to over $3.2 … Read More... “Study Finds that Same-Sex Weddings have Generated $3.8 billion Over the Last 5 Years”

6 Tips of How to Effectively Communicate with Your Spouse During a Divorce

6 Tips of How to Effectively Communicate with Your Spouse During a Divorce
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Communications With Your Spouse During A Divorce Need Not Be Stressful Or Difficult

communications divorceDivorces can be very difficult and stressful. Emotions can often run rampant. Those may include anger, blame, hurt feelings, confusion, sadness, and depression. Trying to maintain civil communications between you and your spouse is important. No black or white approach works in every case. You know the factual background which caused the marriage to breakdown. You know if your spouse has been abusive or can be a bully or meanspirited. Hopefully, these tips will be useful in establishing appropriate communications.

In many cases the parties elect to have their lawyers shoulder the majority of the communications. Nonetheless, some level of communications will likely need to occur, especially if you have children.

  1. Be Civil and Respectful: Avoid arguments and be professional. As difficult as it may be, “bite your tongue” and don’t escalate issues. Truthfully, whether you are right or wrong on a point isn’t that important in the long run.
  2. Set Boundaries: As you transition from being married to divorced, try to establish boundaries to agree upon the way the 2 of you will
… Read More... “6 Tips of How to Effectively Communicate with Your Spouse During a Divorce”

Blast From The Past: What Is Parental Alienation And Parental Alienation Syndrome?

Blast From The Past: What Is Parental Alienation And Parental Alienation Syndrome?
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Publisher’s Note: Here is an article originally posted on the Ohio Family Blog on November 15, 2008. Parental alienation continues unfortunately to be all too common in custody litigation. Domestic Relations Courts hear testimony about it daily. I thought this primer on the topic would be worth reposting today!

Does Parental Alienation Syndrome (PAS) Factor Into Determination Of Custody In Ohio?

Parental Alienation Syndrome PASThere are a number of different factors and circumstances that have an effect on the determination of custody in Ohio. According to O.R.C. §3109.04(F)(1), the court must consider all relevant factors when determining the best interest of the child. One of those relevant factors under Section 3109.04 (F)(1)(I) includes whether either parent has continuously and willfully denied the other parent’s right to parenting time or visitation as ordered by a court. While visitation denials may be relatively easy to prove in court, that alone doesn’t amount to parental alienation.

Further, it is not uncommon for some amount of alienation to occur when parents first separate. Usually, the alienation subsides after the parents’ transition through the separation and move on with their lives. In some cases … Read More... “Blast From The Past: What Is Parental Alienation And Parental Alienation Syndrome?”

Would My Ohio Living Will Block My Being Placed on a Ventilator if I Contracted Coronavirus (COVID-19)?

Would My Ohio Living Will Block My Being Placed on a Ventilator if I Contracted Coronavirus (COVID-19)?
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What Does a DNR Order in Ohio mean?

A DNR Order (Do not resuscitate Order) Cannot Be Executed Unless Signed By A Physician

dnr order permanently unconscious coronavirusI received a telephone call a week or so ago from a client who was concerned that, based upon some things that he had recently heard, he may have executed some estate planning documents that would prevent him from being put on a ventilator if he contracted the coronavirus. I am sure that he is not the only one who has had that concern, so I believe that this is a good time to explain this issue in greater detail.

First, here in Ohio a DNR Order (Do not resuscitate order) form states that health care providers will not perform CPR (cardio pulmonary resuscitation), will not administer resuscitation medications with the intent of restarting the heart or breathing, will not insert an airway adjunct, will not de-fibrillate, cardiovert or initiate pacing and will not initiate continuous cardiac monitoring.

A DNR Order  may be DNR Comfort Care (effective immediately) or DNR Comfort Care-Arrest (effective upon cardiac or respiratory arrest). A DNR Order must … Read More... “Would My Ohio Living Will Block My Being Placed on a Ventilator if I Contracted Coronavirus (COVID-19)?”

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