An Ohio blogger known as “The Rooster” has been found guilty of telecommunications harassment after sending explicit Shrek memes to a state senator, according to a report by Cleveland’s News 5. Lake County jurors deliberated for approximately 30 minutes before reaching their verdict against D.J. Byrnes.
Byrnes faced up to six months in jail and a $1,000 fine, but the judge reduced the sentence to court costs and a $200 fine. He was accused of taunting Sen. Jerry Cirino (R-Kirtland) with texted images depicting Shrek holding his genitals.
The harassment reportedly followed Byrnes’s failed bid for Senate president. “There is a line to be drawn between normalized interaction on issues and policy and votes and et cetera, that allow for agreement and disagreement and lots of debate on a professional basis,” Cirino said in a prior interview. “There is a line that shouldn’t be crossed.”
During the trial, prosecutors emphasized the state Shrek appears to be in and the activity he is allegedly engaged in.
An image shown at trial was censored but appeared to depict a naked Shrek with text reading, “Good to see you finally made your final humiliation public, Young Mussolini! The Patriots Caucus sends its regards!!!!!!!!!!”
The two-day trial featured a free speech defense. One witness called for the defense was lobbyist Bobby Ina, who testified that Cirino admitted to texting him during the proceedings—a practice prohibited in such cases.
“You shared a voicemail with The Rooster? Seriously?” the text read according to Ina’s testimony. When asked about it, Cirino said, “Well, I thought he was a friend… I really didn’t have any objectives or anything that I was trying to accomplish; it was just an expression of my surprise.”
Aaron Terr, director of public advocacy for the free speech organization FIRE, urged Byrnes to appeal. “The First Amendment protects the right to criticize government officials, even in crude or vulgar terms,” he wrote after the verdict came down. “If a single electronic communication that annoys or alarms the recipient can amount to criminal harassment, that’s bad news for a lot of social media users!”
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