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

Arcom Investigates Mym Over SREN Compliance

French media regulator Arcom is investigating creator platform Mym to determine whether the site may have violated age assurance rules and/or other requirements of France’s Security and Regulation of the Digital Space (SREN) law.

Orion Debuts New Vibe From 'Javida' Line

Orion Wholesale has introduced the newest vibrator from its Javida collection.

England, Wales to Enforce 'Extreme' Content Laws Starting Nov. 6

England and Wales will begin enforcing new laws criminalizing depictions of “non-fatal strangulation,” as well as sexual content in which adults portray underage characters, starting Nov. 6, the U.K. Ministry of Justice announced Friday.

Fort Troff, XR Brands Enter Strategic Partnership

Pleasure brand Fort Troff has entered a strategic partnership with XR Brands for product development, manufacturing, and distribution.

Full Circle Expands 'Pleasure Company' Vibe Collection

Full Circle has added six new vibrators to its Pleasure Company line.

Report: UK Film Classification Board to Monitor 'Extreme' Content Online

The U.K. government has tapped the British Board of Film Classification (BBFC) for a pilot program to monitor online pornography for illegal and “extreme” content, as it prepares to enforce new content restrictions, British media outlet Sky News is reporting.

Our Erotic Journey Taps Polly Chen for Sales Team

Our Erotic Journey (OEJ) has hired Polly Chen for its U.S. sales team.

Orion Debuts 4 New Styles From Cottelli Lingerie

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

New Federal Report Slams Debanking but Ignores Adult Industry

The Office of the Comptroller of the Currency (OCC) on Wednesday released a report on debanking activities at nine large national banks, but omitted any mention of the adult industry, despite previously identifying it as a sector facing banking discrimination.

EU Court Rejects Stripchat Challenge of Past VLOP Designation

The EU’s General Court on Wednesday ruled against Stripchat in a lawsuit seeking to annul a 2023 European Commission decision designating the site as a “very large online platform” (VLOP) under the Digital Services Act (DSA).

Show More