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Reason
Reason
Politics
Eugene Volokh

Government Official's Attempt to Use an Anti-Stalking Order Against a Citizen

I've written about some other such cases in my Overbroad Injunctions article; this case involves a somewhat different set of facts than the ones I discussed there, but I thought it worth noting as well. (I agree that some citizen behavior related to officials—such as violence or true threats of crime—should indeed be enjoinable and even criminally punishable; but, unsurprisingly, protective order statutes that aren't limited to violence or true threats are sometimes used to target behavior that isn't violence or true threats.)

From Frenchko v. Shook, decided Monday by Ohio Court of Appeals Judge Eugene Lucci, joined by Judges Mary Jane Trapp and Robert Patton; note that the opinion is long, and this excerpt necessarily omits some details about Shook's background (and alleged past mental health problems):

On November 14, 2023, {Niki (Michele Nicole)} Frenchko, a Trumbull County Commissioner, filed a petition requesting the trial court to issue a CSPO {Civil Stalking Protection Order} against appellee, Shawn Shook, a resident of Warren Township in Trumbull County, Ohio, who frequently attends the commissioners' meetings.

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