Home > News > Judge Blocks Texas Agency From Seizing Porn, Cites 1st Amendment • Bookmark   • Newsletters   • Register Search Options


Judge Blocks Texas Agency From Seizing Porn, Cites 1st Amendment

Judge Blocks Texas Agency From Seizing Porn, Cites 1st Amendment
Get XBIZ News
XBIZ Research
Will virtual reality boost the paysite market?
Yes, it will soon
Yes, but in a few years
Out of 173 votes. Results based on votes submitted by members of XBIZ.net social network.
Jul 26, 2006 9:29 AM PDT    Text size: 
HOUSTON — The Texas Alcoholic Beverage Commission (TABC) will no longer be able to seize adult videos and publications it deems obscene without first securing a court order, according to a ruling from a federal judge.

Citing the constitutional protection of free speech, U.S. District Judge Gray Miller granted Houston-based Carico Distributing Co. a permanent injunction, barring the TABC from seizing materials its agents consider obscene.

Carico, which distributes adult materials to liquor and convenience stores throughout the state, filed suit seeking a temporary injunction in 2003 to stop the TABC from raiding stores that it sells to.

U.S. District Judge Vanessa Gilmore granted the temporary injunction at the time, halting the agency’s efforts to remove adult materials from the shelves.

At the time, Carico attorney Michael Lamson said that the TABC agents did not exercise discretion when it came to declaring material obscene.

“Hey, they were taking everything on the rack — Penthouse, whatever was there,” Lamson said.

Miller granted the permanent injunction, saying that the TABC’s policy of seizing materials it deems obscene without judicial guidance is unconstitutional.

"The TABC may not simply designate materials obscene, and then proceed from that untested premise," Miller said. "The law demands a judicial determination that this designation is accurate."

Miller also ruled that the state law banning the possession or display of “immoral, indecent, lewd or profane” materials by merchants licensed by the TABC is unconstitutionally vague, saying that non-obscene erotic materials are protected by the 1st Amendment.

"It [the law] cuts a wide and broad swath across territory covered by the 1st Amendment," Miller wrote.

After the ruling, Lamson characterized the policy of the TABC as a “cowboy mentality.”

According to Lamson, the TABC has the right to appeal Miller’s ruling or wait for the state legislature to change the law.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !


Dissecting an $11.9M Affiliate Marketing Judgment

The Federal Trade Commission scored another major win in early October when the 2nd U.S. Circuit Court of Appeals upheld a lower court ruling, requiring LeadClick Media LLC to pay an $11.9 million award. The... More »

Legal Protection for Amateur Shoots

Any adult industry professional who creates video content with actual first-time amateurs will come to an early knowledge that later performer regret is commonplace. Recognized performers who regularly... More »

Legal Options to Address Pirated Cam Performances

Many webcam performers have experienced a new trend in online piracy — the illegal recording and publication of live webcam performances. The “business model” is disturbingly simple:... More »
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.

Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ World magazine, the industry's leading e-commerce trade publication, delivering in-depth coverage of the online, mobile and ancillary digital markets.


XBIZ 2017

Jan 09 - Jan 13
Hollywood, CA

XBIZ Awards 2017

Jan 12 - Jan 12
Los Angeles, CA

ANME Founders Show

Jan 14 - Jan 15
Los Angeles Marriott Burbank Airport

Everything To Do With Sex Show

Jan 20 - Jan 22
Montréal, Québec
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!