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

UPDATED: Court Approves Class Action in Labor Claims Against VMG

A U.S. district court has granted class certification in a civil lawsuit filed against Vixen Media Group (VMG) by retired performer Kenzie Anne, making it possible for additional performers to join in a class action against the company.

LELO Debuts 'Boomerang' Double-Sided Vibrator

LELO has introduced its new Boomerang, the pleasure brand's first double-sided vibrator.

Brazil Invites Public Input on Guidelines for New Digital Law

Brazil’s National Data Protection Authority (ANPD) is soliciting public comments to help improve interpretation and application of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

Svakom Debuts 'Klitty' 3-in-1 Vibe

Svakom has introduced its new Klitty three-function vibrator.

Magic Silk Debuts 'Wisteria Mist' Collection

Magic Silk has introduced its new Wisteria Mist line of lingerie.

Orion Expands 'Beau Coeur' Collection

Orion Wholesale has introduced three new pleasure products from its Beau Coeur collection.

PinkCherry Launches 'Scream Your Own Name' Campaign

PinkCherry has launched its Scream Your Own Name promotional campaign.

UK Outlaws Content Featuring Choking, Adults Portraying Underage Characters

The U.K.’s Crime and Policing Bill received final passage in Parliament on Monday, including provisions criminalizing depictions of “non-fatal strangulation” as well as sexual content in which adults portray underage characters.

Orion Expands 'Cottelli Fantasy' Line

Orion Wholesale has added six new lingerie sets to its Cottelli Fantasy collection.

Show More