Ohio Supreme Court July 25, 2007, Nos. 2006-0105 and 2006-0216 (State v. Tooley)

lead-opinion

Lanzinger, J.

*367{¶ 1} We accepted the state of Ohio’s discretionary appeal1 and consolidated it with a certified conflict2 to determine whether the portions of R.C. 2907.322 and 2907.323 that ban possession of child pornography are unconstitutionally over-broad in light of Ashcroft v. Free Speech Coalition (2002), 535 U.S. 234, 122 S.Ct. 1389, 152 L.Ed.2d 403.

{¶2} We hold that R.C.