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

Report: Aylo to Implement Age Verification in EU

Pornhub parent company Aylo plans to participate in the European Commission’s pilot program for its “white label” age verification app, according to a report by German tech news site Netzpolitik.

Lovehoney Group, Xgen Sign Licensing Agreement for 'Pleasure Air' Tech

Lovehoney Group has signed a licensing agreement with Xgen for the latter to use the former's patented Pleasure Air technology in its pleasure products.

Missouri Lawmaker Attempts to Revive 'Health Warnings' for Adult Sites

A Missouri state representative has introduced a bill that would require adult sites to post notices warning users of alleged physical, mental, and social harms associated with pornography, despite a previous federal court ruling against such requirements.

Sportsheets Releases New Training Video for 'Indica' Collection

Sportsheets has released its latest training video, titled "The Indica Collection by Sex & Mischief," hosted by Brand Ambassador Rin Musick.

Orion Debuts 3 New Styles From Cottelli Lingerie

Orion Wholesale has introduced three new styles from its Cottelli Lingerie line.

Casey Murphy Launches 'Pleasure Brand Lab' Digital Marketing Tools

Sexual wellness marketing strategist Casey Murphy has launched Pleasure Brand Lab, digital marketing support for small and indie brands.

CAM4, Lovense Introduce New 'Interactive Control' Features

CAM4 has debuted a new suite of interactive Lovense control features for models.

Blush Debuts 3 New Vibes From 'Sexy Things' Collection

Blush has introduced three new vibrators from its Sexy Things collection.

Holiday Products, Sugar Splash Sign Distro Deal

Holiday Products has signed a distribution deal with wellness brand Sugar Splash.

Ruling: Italy's 'Porn Tax' Applies to All Content Creators

Italy’s tax revenue agency has ruled that the nation’s 25% “ethical tax” on income generated from adult content applies even to smaller independent online content creators.

Show More