Decision in Brown v. Yost, stayed pending appeal to the Sixth Circuit:

Citizens of Ohio have the power to amend the state constitution. Proponents of an amendment must follow a process that culminates in their proposal being placed on the ballot at a general election, with voters deciding the amendment’s fate. One early step requires proponents to prepare a summary of the amendment. The summary, if certified by the Ohio Attorney General as “fair and truthful,” appears on petitions circulated to the public as supporters attempt to gather enough signatures to place the amendment on the ballot. O.R.C. § 3519.01(A).

Plaintiffs are proponents of two amendments, and they have brought suit against Ohio Attorney General David Yost. This case presents the question whether plaintiffs’ rights under the First Amendment to the United States Constitution are violated by the requirement that their summaries be examined and certified by the Attorney General as fair and truthful statements. The matter is before the Court on plaintiffs’ motion for preliminary injunctive relief enjoining enforcement of the fair-and-truthful review requirement as to their summaries. For the reasons stated below, the Court grants the motion.