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 © 2026 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

EU Cites 4 Adult Sites for AV Breaches

The European Commission has preliminarily found PornHub, Stripchat, XNXX and XVideos to be in breach of Digital Services Act provisions intended to shield minors from adult content.

'Group C' CEO Helena Catoir Meets With Pierre Woodman for 'Woodman Casting X' Game

Board game company Group C CEO Helena Catoir has met with casting director Pierre Woodman to discuss the new industry-themed release, “Woodman Casting X — The Game.”

Blush Debuts 'Candice' From 'EnLust' Stroker Collection

Blush has introduced the new Candice stroker sleeve from its EnLust line.

ProDx Health Joins SextPanther as New Testing Partner

ProDx Health has joined SextPanther as its new testing partner.

Honey Play Box Introduces 'Vibrosa Mini' Egg Vibe

Honey Play Box has debuted its new Vibrosa Mini app-controlled egg vibrator.

Blush Introduces 'Temptasia Ardor' Collection of Bondage Accessories

Blush has debuted its Temptasia Ardor collection of bondage accessories at the Altitude Intimates Show in Las Vegas.

SVibe Debuts 'Snail Twinn' Vibe

SVibe has introduced the new Snail Twinn clit-hugging vibrator.

Nalpac Releases 2026 Spring Lingerie Catalog

Nalpac has released its 76-page 2026 spring lingerie catalog, featuring hundreds of products.

Blush Introduces 'Queens Reign' Vibe Collection at Altitude Intimates

Blush has debuted its Queens Reign vibrator collection at the Altitude Intimates Show in Las Vegas, which runs until Tuesday.

Orion Debuts New Style From 'Cottelli Party' Line

Orion Wholesale has added a new style from its Cottelli Party line.

Show More