An Ohio political blogger will be in court on Thursday for a trial over whether or not an explicit picture of Shrek he sent to a Republican state lawmaker is free speech or harassment.
Columbus-based reporter DJ Byrnes, a 39-year-old Substack writer covering local politics called The Rooster, was charged with telecommunications harassment after allegedly sending state Sen. Jerry Cirino the crass cartoon, People reported.
Byrnes, a confrontational chronicler of Ohio politics, was cuffed inside the Ohio State Capitol on June 1 for a warrant alleging harassment from a then-unnamed complainant.
But in a motion to dismiss the case filed by Byrnes on July 29, he named the recipient as Cirino, a Republican who the blogger had mercilessly covered in a race for the Ohio Senate presidency.
Documents show Byrnes admitting that he texted Cirino – who he had nicknamed “Young Mussolini” – after the latter had dropped out of the race.
“Good to see you finally made your humiliation public, Young Mussolini. THE PATRIOTS CAUCUS sends its regards!!!!!!!!!!!” Byrnes texted Cirino, according to documents.
Records provided by Byrnes show that attached to the text was a picture of the cartoon character Shrek, naked and grabbing his crotch.
Byrnes explained the reason behind specifically sending a vulgar picture of Shrek within the motion as being a part of a “longstanding internet meme.”
Cirino responded to the obscene image saying, “I don’t know who this is but I am certain you are a moron,” according to records.
Byrnes’ motion to dismiss also includes an email allegedly sent by Cirino to a local police chief complaining about “the disgusting picture.”
Byrnes has pleaded not guilty to the harassment charge, and in a motion his lawyers have argued that the case should be dismissed, citing his First Amendment rights, though this was denied.
Lawyers and representatives for Byrnes and Cirino did not immediately respond for comment.
