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 © 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

Another German Court Rejects Blocking Orders Against Pornhub, YouPorn

A German court has blocked the Rhineland-Palatinate Media Authority (MA RLP) from forcing telecom providers based within the court’s jurisdiction to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

Kiiroo Introduces New Luxy Dutch Stroker

Kiiroo has debuted the new Luxy Dutch stroker sleeve from its FeelStar line.

Ofcom Fines Kick Online Entertainment $1 Million for AV Noncompliance

U.K. media regulator Ofcom on Thursday fined Kick Online Entertainment 800,000 pounds (more than $1 million) for failing to implement age checks as required for compliance with the Online Safety Act.

FSC Details Legislative Outlook for 2026

The Free Speech Coalition (FSC) has laid out the legislative outlook for the industry in 2026.

Starship Unveils New Executive Team

Starship Enterprises has announced its updated executive leadership team.

Judge Dismisses NCOSE-Backed Suits Against Adult Sites Over Kansas AV Law

A federal judge on Tuesday dismissed lawsuits brought against two adult websites in Kansas for alleged violations of the state’s age verification law.

Aylo/SWOP Panel Spotlights Creators' Struggle for Digital, Financial Rights

Aylo and Sex Workers Outreach Project (SWOP) Behind Bars presented, on Tuesday, an online panel on creators’ rights, debanking and deplatforming.

CC Wellness Opens New Santa Clarita Facility

JO parent company CC Wellness has opened its new operations and warehouse facility in Santa Clarita.

Svakom Launches New Brand 'Kaotik Labs'

Svakom has launched its new male-focused sextech sister brand, Kaotik Labs.

Pjur Introduces 'SachetCard' Dispenser at Düsseldorf's 'Sex Now' Exhibition

Pjur has introduced its SachetCard dispenser at the Sex Now exhibition at NRW-Forum in Düsseldorf.

Show More