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

Nexus Expands 'Bendz' Collection

Nexus has introduced a collection of anal plugs from its Bendz line.

Senator Urges DOJ to Crack Down on 'Obscenity,' Attacks OnlyFans

U.S. Senator Jim Banks of Indiana this week urged Acting Attorney General Todd Blanche to reestablish the Department of Justice’s defunct Obscenity Prosecution Task Force in a letter that targets OnlyFans while repeatedly conflating “obscenity” with legal adult content.

UN Experts Urge US, Canada to Prosecute Aylo, Others for 'Exploitation'

GENEVA – The United Nations Office of the High Commissioner for Human Rights (OHCHR) has issued a press release in which two U.N. special rapporteurs, cited as experts, accuse Aylo and other companies of complicity in sexual exploitation.

Orion Debuts 2 New Styles From Cottelli Lingerie

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

Tennessee Governor Signs Bill Requiring Warnings on Adult Stores

Governor Bill Lee on Tuesday signed into law a bill requiring adult stores, theaters and other establishments in Tennessee to post warning signs cautioning patrons that they “may be contributing” to sexual assault and human trafficking.

Kickstarter Revokes New Rules Banning Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter announced Tuesday that it has reversed its recent decision to impose new “Mature Content” rules banning projects that involve adult content and sextech.

Magic Silk Expands 'Exposed' Line With 'Sinful' Collection

Magic Silk has expanded its Exposed line of lingerie with the Sinful collection.

Inside the Impact of New AV Laws on Sex Toy Ecommerce

Over the past few years, age verification (AV) has gone from a niche policy discussion to a very real, very immediate concern for anyone operating in the adult space.

Report: Irish Justice Minister Seeks UK-Style Ban on 'Extreme' Content

Ireland’s justice minister plans to introduce legislation criminalizing possession and distribution of “extreme” pornography, according to a report by the Irish Independent.

Orion Debuts New Styles From 'Svenjoyment' Line

Orion Wholesale has released three new styles from its Svenjoyment undergarment line.

Show More