Ohio Lawmakers Target Judge Over Social Media Posts, Raising Judicial Free Speech Concerns

Judges, both federal and state, are increasingly under attack and are becoming targets of abuse and even violence from citizens and politicians alike. Sometimes, state legislatures target judges for punishment for First Amendment speech. One such case is happening in Ohio. On Oct. 21, two members of the Ohio House filed a joint resolution demanding that a Hamilton County (Cincinnati) Municipal Court judge resign immediately or be brought before the General Assembly for impeachment proceedings. Judge Ted N. Berry is being targeted for his social media comments after the death of conservative leader Charlie Kirk. Judge Berry is the son of the first African American Mayor of Cincinnati. Adam Mathews (R-Lebanon) and DJ Swearingen (R-Huron) claim that Judge Berry made inappropriate comments. They site three.: First, “So, a white guy killed him! Color it KARMA.” Second, “Rest in Hatred & Division!” and finally “How’s he feel about gun violence and gun control in Hell, now?” Matthews and Swearingen claim that these statements show a clear “personal bias or prejudice” and therefore, Judge Berry should be removed from the bench. This legislative action bypasses the usual disciplinary processes conducted and managed by the Ohio Supreme Court and makes this whole free speech issue political. Sponsor testimony was given to the resolution in the House General Government Committee on Nov. 4, but no further action has been taken. Some observers see this resolution as a political stunt to silence judges since Judge Berry’s term of office ends on Jan. 4, 2026. This edition of Next Witness…Please examines this legislative action and other attempts to curtail the free speech rights of judges and to target them if they do not follow the conservative path.