Nevada Brothels Aren't Shielded by 1st Amendment, 9th Circuit Rules

SAN FRANCISCO — A federal appeals court ruled Thursday that Nevada's legal brothels aren't backed by 1st Amendment protections when it comes to advertising because prostitution is a vice and that the state has the right to limit it.

The publishers of two newspapers that circulate in areas of Nevada where prostitution is prohibited and the owner of a legal brothel in Nye County brought a challenge to a Nevada statute, alleging that the advertising restrictions violate the 1st Amendment.

The U.S. District Court in Las Vegas ruled that the state's advertising restrictions were unconstitutional because they reach beyond pure commercial speech. The court concluded that the state failed to offer any compelling interest in support of its policy.

But Nevada appealed, and the 9th U.S. Circuit Court of Appeals reversed the lower-court ruling based on the state's position that it is largely interested in regulating "the commodification of sex, both directly and by reducing demand."

"Nevada’s substantial interest in limiting the commodification of sex is directly and materially advanced by the restrictions on brothel advertising," 9th Circuit judges said in their 3-0 ruling. "Nevada has tailored its restrictions on advertising to attain a reasonable fit between ends and means.

“Vice is treated differently, the state contends, and because prostitution is particularly disfavored, the state’s power to completely ban the activity includes the ability to ban its promotion, maintains the state."

The case is Coyote Publishing vs. Nevada, No. 07-16633.

Related:  

Copyright © 2025 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

Orion Debuts 'Cuties' Vibrating Anal Plug Collection

Orion Wholesale has introduced its new Cuties Mini Butt Plug collection.

Ofcom Fines AVS Group $1.3 Million for AV Noncompliance

U.K. media regulator Ofcom on Wednesday imposed a penalty of one million pounds, or approximately $1.3 million, on AVS Group Ltd. after an investigation concluded that the company had failed to implement robust age checks on 18 adult websites.

Updated: Aylo to Help Test EU Age Verification App

Pornhub parent company Aylo plans to participate in the European Commission’s pilot program for its “white label” age verification app, a spokesperson for the company has confirmed.

Lovehoney Group, Xgen Sign Licensing Agreement for 'Pleasure Air' Tech

Lovehoney Group has signed a licensing agreement with Xgen for the latter to use the former's patented Pleasure Air technology in its pleasure products.

Missouri Lawmaker Attempts to Revive 'Health Warnings' for Adult Sites

A Missouri state representative has introduced a bill that would require adult sites to post notices warning users of alleged physical, mental, and social harms associated with pornography, despite a previous federal court ruling against such requirements.

Sportsheets Releases New Training Video for 'Indica' Collection

Sportsheets has released its latest training video, titled "The Indica Collection by Sex & Mischief," hosted by Brand Ambassador Rin Musick.

Orion Debuts 3 New Styles From Cottelli Lingerie

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

Casey Murphy Launches 'Pleasure Brand Lab' Digital Marketing Tools

Sexual wellness marketing strategist Casey Murphy has launched Pleasure Brand Lab, digital marketing support for small and indie brands.

CAM4, Lovense Introduce New 'Interactive Control' Features

CAM4 has debuted a new suite of interactive Lovense control features for models.

Blush Debuts 3 New Vibes From 'Sexy Things' Collection

Blush has introduced three new vibrators from its Sexy Things collection.

Show More