Byrnes, who operates the blog The Rooster, contacted Cirino last May shortly after the senator withdrew from the race for Senate president. The message included a nude depiction of the animated ogre and a taunting note labeling Cirino “Young Mussolini” on behalf of a group called The Patriots Caucus. Following the receipt of the text, Cirino filed a formal police report, prompting state officers to arrest Byrnes at the Ohio statehouse in June. The blogger spent a night in jail despite posting bail.
During the proceedings, Byrnes maintained that his actions fell under the protection of free speech. Cirino disagreed, arguing that the conduct crossed the line into prohibited harassment. A judge sentenced Byrnes to pay a $200 fine following the jury's decision. Cirino stated after the ruling that while Byrnes remains free to publish political commentary on his blog, he sought to prevent further personal confrontations at the capitol.
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