A US Federal District Court judge granted a preliminary injunction on Saturday that blocks the enforcement of a law that would prevent foreign nationals from donating to state election campaigns in Ohio due to that law’s infringement on the free speech rights of lawful permanent residents (LPRs).
The preliminary injunction was issued based on the court’s finding that Ohio House Bill 1 is likely unconstitutional. Judge Michael Watson held that LPRs of the US are protected by the Constitution’s First Amendment. The court held that the law’s ban on “foreign” donations was too extensive, as it infringed on the free speech rights of LPRs. Judge Watson reasoned that the First Amendment permits LPRs to express an opinion through donations to political campaigns. Additionally, the court found that since the law does not regulate political contributions from foreign corporations, it is not sufficiently tailored to the intended effect of preventing foreign electoral interference.
The preliminary injunction prevents the enforcement of the law against any foreign national. However, the court recognized that it would be constitutional for a state law to regulate political contributions from foreign nationals that do not fit the category of lawful permanent resident, such as temporary resident foreign nationals in Ohio.
The lawsuit was filed against Ohio Attorney General Dave Yost on June 27 by OPAWL, a feminist organization that represents women and non-binary people who are members of the AAPI community (Asian American and Pacific Islander).
OPAWL petitioned the court for an injunction that would completely strike down the law, but the court found that since most of Bill 1 was constitutional, it would not be permissible to override the State Legislature. Thus, the court only issued a partial injunction which invalidates the law’s definition of “foreign nationals.” The effect of this partial injunction is that the law cannot be enforced until the definition is narrowed.