D.J. Byrnes, who publishes political gossip newsletter The Rooster, was arrested at the Ohio Statehouse and charged with telecommunications harassment. The case centres on a May text exchange with Republican state senator Jerry Cirino, which reportedly included the image and a message describing the politician as “Young Mussolini”.

Cirino later contacted police, saying the image was “pornographic in nature” and constituted harassment. Byrnes was detained for almost a day before being released on bond. He has not commented on the specific allegations but says he expects to be cleared.

The case has drawn attention from free speech advocates. The Foundation for Individual Rights and Expression (FIRE) argues the image amounted to political satire rather than obscenity and should be protected under the First Amendment.

FIRE said the material appeared to be “political mockery” rather than an attempt to arouse sexual interest, and argued the limited exchange did not amount to harassment.

If convicted, Byrnes could face up to six months in jail.