Federal judge rejects death-row inmates' challenge to Ohio's execution secrecy rules
A federal judge has thrown out a lawsuit by four death-row inmates challenging the constitutionality of Ohio's new execution secrecy rules.
The suit argued that the new law, which shields the identities of most participants in Ohio's execution process, violates the condemned inmates' rights to free speech and due process.
U.S. District Judge Gregory Frost dismissed the case on Tuesday, agreeing with the state's arguments that the rules would not infringe on free speech and the plaintiffs' case is "based on conjectural or hypothetical" injuries.
"H.B. 663 does not suppress speech or the ability to oppose the death penalty," Frost wrote in his opinion.
"Rather," Frost stated, "the statutory scheme simply cuts off Ohio and its employees as a source of specific information for both proponents and opponents of the death penalty.
Under the new law, House Bill 663, Ohio must keep secret the names of people involved with executions, other than top officials. The law also protects the identity of small-scale drug manufacturers called compounding pharmacies if they make lethal-injection drugs for the state.
Proponents of the rules, signed into law by Gov. John Kasich in December, say they are needed to protect individuals involved with Ohio executions from harassment and potential harm.
The lawsuit was filed on behalf of death-row inmates Ronald Phillips, Raymond Tibbetts, Robert Van Hook and Grady Brinkley. The first three are scheduled to be executed next year; Brinkley's execution date has not yet been set.
http://www.cleveland.com/open/index....ts_death-.html
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