Federal Court Strikes Down Georgia Obscenity Law

ATLANTA — What started as a case questioning a ban on advertising of sex toys in Georgia has led to the 11th U.S. Circuit Court of Appeals upholding its earlier ruling that the state’s entire obscenity statute is unconstitutional.

The ruling stems from a 2000 case in which This, That & The Other, a Smyrna, Ga.-based tobacco accessory shop that offers a small selection of adult novelties, filed suit against Cobb County after county officials attempted to shut down the store for violations of Georgia’s obscenity statute.

County officials targeted the store because it was advertising sex toys. Lawyers for This, That & The Other argued that the statute’s ban on advertising was a violation of the store’s constitutional right to free speech.

While Georgia law considered the sale of sex toys a high misdemeanor, the law also stipulated that the sale of such items was legal for educational or medical purposes, such as for a sex-education class or to treat a sexual dysfunction under a doctor’s care. Lawyers for This, That & The Other said that the advertising ban kept this small segment of legal consumers from knowing about the toys.

In a February decision, the federal appeals court not only agreed that the advertising ban should be lifted, but added that the state’s entire obscenity statute needs to be overhauled. Cob County petitioned the court to hear the case “en banc,” meaning they wanted all judges on the appeals court to reconsider the case.

But a three-judge panel refused to rehear the case, stating, “Our panel opinion clearly holds that, based on the law of the of the case, the entire [statute] is unconstitutional.”

Anticipating such an outcome, the state’s Attorney General had pleaded to legislators to quickly draft a new obscenity statute before the close of the 2006 session, but they did not, meaning that as of now, Georgia is without an obscenity law.

Cobb County does have the option of appealing the decision to the U.S. Supreme Court.

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

Pornhub to Block UK Users Without Accounts Starting Feb. 2

Pornhub parent company Aylo will block access to its free video-sharing platforms in the United Kingdom starting Feb. 2 unless users have already set up accounts prior to that date, the company announced Tuesday.

Aylo Wins Another Major Piracy Lawsuit

For the second time in recent weeks, Pornhub parent company Aylo has prevailed in a copyright infringement case against sites pirating its content.

Orion Debuts 'Masturbator 11'

Orion Wholesale has introduced Masturbator 11 from its What You Never Expected (WYNE) line.

Tenga Debuts 2 New Vibrating Cock Rings

Pleasure brand Tenga has introduced its new paiRING and paiRING+ vibrating cock rings.

Calvista Now Shipping 'Romp' Line From WOW Tech

Calvista has reintroduced WOW Tech’s Romp line of pleasure products to the Australian and New Zealand markets.

OTouch Debuts 'Inscup 4' Stroker

OTouch has introduced its Inscup 4 masturbator.

Full Circle Introduces 2 New Display Planograms

Full Circle has debuted new display planograms for its jewelry line and its bullet vibe collection.

Creative Conceptions Debuts 'Skins' Non-Latex Condoms

Creative Conceptions has introduced the new Skins line of non-latex condoms.

Arizona State Legislator Proposes Porn Ban

A member of Arizona’s House of Representatives on Wednesday introduced a bill that would make it illegal to produce or distribute adult content in that state.

Rouge Group Taps Sean Macauley for Global Sales Manager

U.K. pleasure brand Rouge Group has appointed Sean Macauley as its new global sales manager.

Show More