Democracy in Ohio suffered a setback when the 6th U.S. Circuit Court of Appeals in Cincinnati last month refused to block Ohio’s House Bill 1 ban on “foreign nationals” “[m]ak[ing] a contribution … or independent expenditure in support of or opposition to a statewide ballot issue.” Unlike its federal counterpart , Ohio’s ban extends to “issue advocacy” (ballot measures) and criminalizes speech by lawful permanent residents (green card holders) living in Ohio. Further deviating from the longstanding federal prohibition – which allows criminal penalties only when violations are “willful” -- Ohio’s new prohibitions criminalize innocent mistakes.

As then-Judge Brett Kavanaugh explained a dozen years ago, Congress chose not to apply the speech restrictions placed on foreign nationa

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