Georgia Ruling Could Loosen Obscenity Laws

ATLANTA — A case brought to the state’s highest court by a small Smyrna, Ga.-based tobacco accessory shop could force a change in obscenity legislation across the country.

Surprisingly the shop, This, That and the Other Gift and Tobacco, won the case almost by accident due to a complicated loophole in state law.

On Feb. 15, the 11th U.S. Circuit Court of Appeals in Atlanta ruled that a Georgia law banning public advertising of sex toys was unconstitutional because it limited free speech.

In Georgia, it is considered a high misdemeanor to sell sex toys, which are considered obscene by state law. Consequently, it also is illegal to advertise the sale of such devices.

However, the law also stipulates that the sale of such items is legal for educational or medical purposes, such as for a sex-education class or to treat a sexual dysfunction under a doctor’s care.

The lawyer for This, That and the Other Gift and Tobacco, which carries a small selection of sex toys and novelties, argued that the advertising ban kept this small segment of legal consumers from knowing about the toys.

The appeals court agreed, which would effectively force the Georgia legislature to rewrite at least some of the state’s obscenity law to allow advertising of adult products.

Jonathan Bristol, an Atlanta attorney who frequently handles adult business cases, said the impact of the ruling may be short-lived, but also could reign in a number of appeals from businesses that have previously been penalized for advertising adult products.

“I have no doubt that the state government will rewrite the rules to comply with the ruling,” Bristol told XBiz. “But there are also going to be literally dozens of cases popping up on appeal since lawyers can now argue new free speech grounds.”

Bristol said the case would no doubt cause a stir in many state capitals.

“It could certainly give a lot of lawyers ideas for how to attack a case of this nature,” he said. “And politicians will no doubt take notice.”

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

Eldorado to Host Bonus 'Virtual Elevation' Webinar With Nu Sensuelle

Eldorado Trading will host a second, "bonus" September "Virtual Elevation" live private webinar for retailers with Nu Sensuelle Director of Sales Conde Aumann on Sept. 24 at 10 a.m. PDT.

Magic Silk, Maia Partner for RC Panty Vibe

Magic Silk's Exposed line has partnered with Maia Novelties to release the Date Night Remote Control Panty Vibe.

Open Mind AI Seeks Inclusion in EU's AI Debate

New European industry initiative Open Mind AI has penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

Fort Troff Launches 'Toy' Blog Magazine

Fort Troff has debuted a new blog-style magazine, Toy, with real-life husbands Beau and Nick Butler as the premiere-issue cover models.

Honey's Place Now Distributing Xgen's 'Lapdance Lingerie' Line

Honey’s Place is now distributing Lapdance Lingerie, manufactured by Xgen Products.

Doc Johnson Unveils Bundles

Doc Johnson has introduced Bundles — groupings of the company's various product lines.

Zestra Arousal Oils Taps Zaawaadi for Brand Ambassador

Zestra Arousal Oils has named Kenyan star Zaawaadi its newest brand ambassador.

Magic Silk Debuts 'Evermore' Lingerie Collection

Magic Silk has introduced its new Evermore collection of lingerie from its Exposed line.

Show More