CINCINNATI — Should crowdfunding pages for Rodney Hinton Jr., the man accused of intentionally hitting and killing a Hamilton County deputy, be allowed online?
It's a question that many people are asking after Ohio Attorney General Dave Yost called for those crowdfunding pages to be taken down. He primarily called on the website GiveSendGo to take down pages for Hinton.
In a press conference Tuesday, Yost said he feels the site should follow GoFundMe, which ended similar efforts on its platform. He also called for state lawmakers to pass legislation that would ban crowdfunding for people charged with violent crimes.
"We shouldn't be crowdfunding an evildoer," Yost said. "I'm appealing to them today to take down this site."
However, First Amendment attorney Jack Greiner said what Yost wants could raise constitutional concerns.
"The First Amendment, typically, with some exceptions, does not permit the government to regulate speech based on the contents of the speech," Greiner said.
Hear more on why Greiner feels the state banning crowdfunding pages for people charged with violent crimes could create First Amendment issues:
Greiner said he's not alone. He said he emailed other attorneys asking the same question earlier this week, and they all agreed it raised First Amendment issues.
He said it could also violate Hinton's Sixth Amendment rights. He argued that it could interfere with his right to a fair trial.
"I think, again, that's the right of Mr. Hinton to try to get money to pay for his legal defense," Greiner said.
He said that no Ohio policy is being violated because Hinton is not yet convicted of any crimes and has pleaded not guilty.
"We have had a tradition of innocent until proven guilty," Greiner said.
We asked Yost about potential challenges to a hypothetical law surrounding First Amendment questions.
"The constitutional question is a good one, and under the First Amendment, the state or government may regulate speech if there's compelling governmental interest and it is narrowly tailored," said Yost. "We have long-regulated fundraising, charitable organizations, and charitable fundraising and it is perfectly within the bounds of the constitution, that's what I'm asking for here is a reasonable rule, common-sense rule that will reflect that."
Greiner said while he understands the frustration regarding what happened and sympathizes with Henderson's family, he doesn't agree that a "common-sense rule" should apply in these cases.
"That phrase is thrown out there when people know they don't have a legal argument, but they just sort of say, 'well, let's put that aside, let's put the constitution aside and just apply common sense,'" Greiner said. "That doesn't fly in my book at all."
Greiner said it's worth noting that GoFundMe removed fundraisers due to its own policy. He said this wouldn't be considered a First Amendment issue because it's a private entity making the decision, not the state.
One GiveSendGo page for Hinton is now unpublished, with a note reading the following:
"Thank you all from the bottom of my heart ! I’m so grateful and my heart is full with gratitude!! GOD BLESS YOU ALL ! Please don’t stop praying for us & with us , As this is a hard time for all families ! I pray every night for the Sheriff's family please do the same . Blessings!"
It's unclear if the page was unpublished by the website or by the creator of the page. Another one is still listed with nearly $50,000 raised.
We reached out to GiveSendGo for an interview on their decision to keep those pages up. While they didn't agree to an interview over Zoom or in person, they did answer our questions over email:
Q: What went into the decision to keep crowdfunding pages for Rodney Hinton Jr. up?
A: GiveSendGo does not determine guilt or innocence. Our platform exists to allow individuals to raise funds for personal needs, including legal defense and family support, especially in times of crisis. Every person is presumed innocent until proven guilty, and we believe people should have access to their communities during such moments. We aim to uphold that freedom — even in challenging and emotionally charged situations.
Q: There are many pages for Rodney Hinton Jr. — are they all verified?
A: We are actively reviewing the campaigns connected to Rodney Hinton Jr. to ensure they comply with our terms of service. While we don’t pre-approve every fundraiser, we do investigate any campaign flagged for potential violations. If a campaign is found to be fraudulent or misleading, it will be removed. Transparency and trust are core to our operations.
Q: Ohio Attorney General Dave Yost recently called on lawmakers to ban crowdfunding for people charged with violent crimes. What is your response?
A: We deeply respect the concerns raised and are committed to listening. We have an upcoming conversation scheduled with Attorney General Dave Yost to hear his perspective directly and to share how GiveSendGo operates. While we understand the emotions surrounding these events, we also believe that constitutional rights and due process must be preserved. Banning support before a person is convicted risks undermining those principles.
