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

Orion Debuts 'Ultimate Sex Stool' From 'The Banger' Line

Orion Wholesale has introduced the new Ultimate Sex Stool from its Banger line.

Pornhub Unblocks UK Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in the United Kingdom will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s U.K. age-verification process.

North Carolina Weighing Tax on Brick-and-Mortar Sales of Adult Material

The North Carolina state legislature is considering a bill that would impose a new 10% tax on adult material sold by physical retailers in the state.

Lick Goods Expands Massage Oils Collection

Sexual wellness brand Lick Goods has introduced two new flavored massage oils.

Orion Expands 'Bad Kitty' Line

Orion Wholesale has added six new restraint sets to its Bad Kitty collection of fetish accessories.

BeYourLover Debuts 'Guitar' 2-in-1 Vibe

Pleasure brand BeYourLover has introduced its Guitar two-in-one vibrator and suction device.

Utah VPN Rule for Adult Sites Takes Effect This Week

A new law in Utah comes into force Wednesday, making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification.

Le Wand 'Dive' Featured in InStyle's List of Recommended Sex Toys

Le Wand’s Dive submersible wand vibrator is featured in “The 7 Best Sex Toys Sexperts Want You to Stash In Your Nightstand” roundup from InStyle.

Kiiroo Debuts 'PowerShot Case' Stroker Add-On

Kiiroo has introduced the PowerShot Case add-on for its Keon, PowerBlow, and PowerShot Strokers.

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.

Show More