Ohio Blogger Goes on Trial After Calling Senator 'Young Mussolini' and Allegedly Sending Naked Shrek Image

D.J. Byrnes, 39, is due to stand trial in Ohio after allegedly calling Republican Senator Jerry Cirino 'Young Mussolini' and sending him a digitally altered image of Shrek with exposed genitals.

The publisher of the political blog The Rooster has pleaded not guilty to a first-degree misdemeanour charge of telecommunications harassment. A jury trial is due to begin at Willoughby Municipal Court on Thursday, 8 October, with a conviction carrying a maximum sentence of six months in jail.

The messages were sent shortly after Cirino withdrew from the race to become president of the Ohio Senate. Byrnes has argued that they were political commentary protected by the First Amendment, while Cirino has described them as offensive and harassing. Judge Michael Cicconetti rejected Byrnes' motion to dismiss the case on 21 August.

Messages Followed Cirino's Senate Exit

Byrnes had closely followed the race for Ohio Senate president and repeatedly referred to Cirino in his writing as 'Young Mussolini.' Cirino withdrew from the contest on 6 May, a day after Ohio's primary election.

According to exhibits attached to Byrnes' motion to dismiss, Byrnes then sent Cirino a text mocking his withdrawal and referring to a 'Patriots Caucus.' Cirino replied that he did not know who had sent the message and called the sender a 'moron.'

The exchange also included the digitally altered Shrek image. In court filings, Byrnes described it as an example of internet memes depicting the character in absurd or surreal situations.

Cirino complained to Kirtland Police Chief Jamey Fisher on 8 May, saying the message was harassing and the image was pornographic. He asked police to bring charges.

Cirino later told The Columbus Dispatch that the messages were offensive and harassing and said they needed to stop.

Byrnes Arrested at Ohio Statehouse

Byrnes was arrested by Ohio State Highway Patrol officers at the Ohio Statehouse on 1 June. He spent nearly 24 hours in the Franklin County jail, according to his lawyers.

His lawyers filed a motion to dismiss on 29 July, arguing that the case involved political criticism of an elected official and that prosecuting the communications would violate Byrnes' First Amendment rights.

The defence said the case did not involve threats, extortion, stalking or attempts to invade Cirino's privacy. It argued that the prosecution could also affect journalists and political writers who criticise public officials.

The charge concerns telecommunications sent with the purpose of harassing, intimidating or abusing another person. Prosecutors must establish the required intent for a conviction.

First Amendment Challenge Goes to Trial

Judge Cicconetti rejected the defence motion on 21 August, allowing the case to proceed to a jury trial.

Byrnes has rejected two plea agreements that would have required him to admit guilt but allowed him to avoid jail, according to The Columbus Dispatch. He has instead chosen to contest the charge before a jury.

In an 2 October post on The Rooster, Byrnes described the case as a test of whether political speech could be used to 'abuse' a public official while remaining constitutionally protected.

The jury will consider whether prosecutors have proved the telecommunications harassment charge under Ohio law. Byrnes' defence is expected to argue that the messages were protected political expression, while prosecutors will seek to establish that they amounted to criminal harassment.