Attorneys for the inmates filed the motion Monday in U.S. District Court in Columbus. Pending a trial of the lawsuit, they want the court to stop the provisions of the law that they say violate the right of free speech,
Attorney Timothy Sweeney said in a statement Monday that the law is designed to shut down one side of debate on the issue.
“Constitutional protections are most needed precisely when the government begins to limit the ability of its citizens to question, speak, or inquire freely into its workings, and that is certainly the case here,” Sweeney said.
Dan Tierney, a spokesman for Ohio Attorney General Mike DeWine, said the office would need to review the motion before commenting.
Supporters of the new law have said that shielding the names of companies that provide lethal injection drugs is necessary to protect drugmakers from harassment and ensure the state gets supplies of the drugs. But Sweeney contended Monday that there is no evidence of harassment.
“What the state views as harassment is speech,” he said. “Lawful speech is never harassment.”
He said those who provide the drugs don’t want to hear from people who oppose the death penalty or lethal injection.
“The government has no power to now silence its citizens because it does not like their message and the result of their protected speech upon a government policy,” the motion states.
The law also keeps confidential the names of those who help carry out Ohio executions.
Sweeney said that under the new law, disclosure of those names carries the threat of civil penalties.
The lawsuit was filed in December on behalf of Ohio death row prisoners Ronald Phillips, Raymond Tibbetts, Robert Van Hook, and Grady Brinkley.
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