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 © 2025 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

Nobü Releases New Surprise Bags for Valentine's Day

Nobü has introduced its new Valentine's Day Surprise Bags.

Eldorado, CalExotics to Host 2 'Virtual Elevation' Webinars

Eldorado Trading will host two sessions of its XMA award-winning “Virtual Elevation” webinar, featuring CalExotics Executive Director of Sales and Marketing Lupe Martinez, on Feb. 5.

Professor Fired Over Adult Content Sues U Wisconsin

Veteran communications professor Joe Gow this week filed a civil lawsuit against the University of Wisconsin board of regents for violating his First Amendment rights by firing him for creating and appearing in adult content.

Ofcom to Hold Online Sessions on OSA Compliance

U.K. communications regulator Ofcom will hold an online conference Feb. 3-5, titled “The Online Safety Act Explained: How to Comply,” explaining new duties and deadlines required of adult businesses to implement age assurance under the Online Safety Act (OSA).

Icon Names Taylor Means Sales Manager

Icon Brands has appointed Taylor Means as its new sales manager.

Lovehoney, ECN Sign Exclusive US Distro Deal

East Coast News (ECN) has been named the exclusive U.S. distributor of the new Womanizer Pleasure Air Rose and Pleasure Air Pro stimulators.

Orion Debuts 'Metallic Silicone' Vibrators From Sweet Smile Line

Orion Wholesale has introduced the Special Edition Metallic Silicone collection of vibrators from its Sweet Smile line.

Kiiroo Debuts 'Spot' Vibrator

Kiiroo has introduced its Spot wearable vibrator.

Oklahoma State Senator Introduces Bill to Criminalize All Porn, Jail Creators

Oklahoma Senator Dusty Deevers has introduced a bill that would criminalize all adult content and authorize the state to imprison those who create or view it.

Nu Sensuelle Unveils 'Velvet Touch' Liquid Silicone

Nu Sensuelle has debuted its new Velvet Touch liquid silicone formulation in three new pleasure products.

Show More