Nevada Brothels Aren't Shielded by 1st Amendment, 9th Circuit Rules

SAN FRANCISCO — A federal appeals court ruled Thursday that Nevada's legal brothels aren't backed by 1st Amendment protections when it comes to advertising because prostitution is a vice and that the state has the right to limit it.

The publishers of two newspapers that circulate in areas of Nevada where prostitution is prohibited and the owner of a legal brothel in Nye County brought a challenge to a Nevada statute, alleging that the advertising restrictions violate the 1st Amendment.

The U.S. District Court in Las Vegas ruled that the state's advertising restrictions were unconstitutional because they reach beyond pure commercial speech. The court concluded that the state failed to offer any compelling interest in support of its policy.

But Nevada appealed, and the 9th U.S. Circuit Court of Appeals reversed the lower-court ruling based on the state's position that it is largely interested in regulating "the commodification of sex, both directly and by reducing demand."

"Nevada’s substantial interest in limiting the commodification of sex is directly and materially advanced by the restrictions on brothel advertising," 9th Circuit judges said in their 3-0 ruling. "Nevada has tailored its restrictions on advertising to attain a reasonable fit between ends and means.

“Vice is treated differently, the state contends, and because prostitution is particularly disfavored, the state’s power to completely ban the activity includes the ability to ban its promotion, maintains the state."

The case is Coyote Publishing vs. Nevada, No. 07-16633.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Hankey's Toys Debuts 'Ethan Simms Lifecast' Dildo

Mr. Hankey's Toys has introduced its new Ethan Simms Lifecast dildo, modeled after the content creator's anatomy.

Sexologist Dr. Susan Block Files Motion in Meta Lawsuit

Sexologist Dr. Susan Block has reported she has filed a Motion to Vacate with a California court after an arbitrator threw out her case against Meta in June.

Adam & Eve Reveals Results of 'Threesome' Survey

Adam & Eve has released the results of a new survey asking respondents if they’d ever had a threesome.

Motorbunny Debuts 'E-Stim' Rideable Attachment

Motorbunny has introduced the new E-Stim attachment for its sex machines.

Cere Introduces 'Diviner' Chrysanthemum-Shaped Vibrator

Pleasure brand Cere has debuted its new Diviner chrysanthemum-shaped vibrator.

Male Power Debuts 'Widow Maker' Collection

Male Power has introduced its new Widow Maker collection of men's underwear.

Williams Trading Co. Launches Pre-Black Friday Warehouse Sale

Williams Trading has launched its pre-Black Friday warehouse sale for retailers.

Orion Unveils 6 New Styles From 'Noir Handmade' Line

Orion Wholesale has introduced six new clubwear styles from its Noir Handmade line of apparel.

BasisDx Adds Comfort Collect Device to 'Pro13' Home Testing Kit

PASS-certified home testing kit provider BasisDx has added the new Comfort Collecting Device to its Pro13 kit.

XBIZ Honors Retail Edition to Light Up Hollywood Roosevelt Hotel

XBIZ is pleased to announce that the pleasure industry’s biggest night, the retail edition of the annual XBIZ Honors, set for Saturday, Jan. 18, will be held at the historic Hollywood Roosevelt Hotel.

Show More