Federal Court Strikes Down Georgia Obscenity Law

ATLANTA — What started as a case questioning a ban on advertising of sex toys in Georgia has led to the 11th U.S. Circuit Court of Appeals upholding its earlier ruling that the state’s entire obscenity statute is unconstitutional.

The ruling stems from a 2000 case in which This, That & The Other, a Smyrna, Ga.-based tobacco accessory shop that offers a small selection of adult novelties, filed suit against Cobb County after county officials attempted to shut down the store for violations of Georgia’s obscenity statute.

County officials targeted the store because it was advertising sex toys. Lawyers for This, That & The Other argued that the statute’s ban on advertising was a violation of the store’s constitutional right to free speech.

While Georgia law considered the sale of sex toys a high misdemeanor, the law also stipulated that the sale of such items was legal for educational or medical purposes, such as for a sex-education class or to treat a sexual dysfunction under a doctor’s care. Lawyers for This, That & The Other said that the advertising ban kept this small segment of legal consumers from knowing about the toys.

In a February decision, the federal appeals court not only agreed that the advertising ban should be lifted, but added that the state’s entire obscenity statute needs to be overhauled. Cob County petitioned the court to hear the case “en banc,” meaning they wanted all judges on the appeals court to reconsider the case.

But a three-judge panel refused to rehear the case, stating, “Our panel opinion clearly holds that, based on the law of the of the case, the entire [statute] is unconstitutional.”

Anticipating such an outcome, the state’s Attorney General had pleaded to legislators to quickly draft a new obscenity statute before the close of the 2006 session, but they did not, meaning that as of now, Georgia is without an obscenity law.

Cobb County does have the option of appealing the decision to the U.S. Supreme Court.

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

Electric Novelties Debuts New 'Gemsations' Anal Plug Collection

Electric Novelties has introduced its Gemsations line of anal plugs in silicone and metal options.

FSC Publishes Analysis of Federal Trade Commission Event Promoting AV

Free Speech Coalition (FSC) has published an analysis of a Federal Trade Commission (FTC) event held this week that promoted age verification among other forms of speech regulation.

Adam & Eve Reveals Results of 'Happy Ending Dream' Survey

Adam & Eve has released the results of a survey asking respondents if they have ever had a sex dream with a happy ending.

GirlsDoPorn Owner Michael Pratt Pleads Guilty to Sex Trafficking

Michael Pratt, former owner of the rogue website GirlsDoPorn, pleaded guilty in the U.S. District Court for the Southern District of California on Thursday to sex trafficking and conspiracy to commit sex trafficking charges, according to a report by City News Service.

Kheper Releases New 'Drink if... Taboo Version' Party Game

Kheper Games has released its new "Drink if… Taboo Version" party game.

Federal Judge Grants Partial Halt of Florida AV Law

The United States District Court for the Northern District of Florida, Tallahassee Division, has granted a preliminary injunction against HB 3, the state's age verification law, as a lawsuit filed by two online trade associations challenging the law makes its way through the courts.

Aneros Debuts 'Eupho Syn V' From 'Vibration Collection'

Aneros has introduced the Eupho Syn V from its Vibration Collection.

Wells Apparel Group Inks Distro Deal With Kix'ies

Wells Apparel Group has signed a deal with Kix’ies, Inc. for distribution throughout 13 states.

Ohdoki Debuts 2 New Strokers

Ohdoki has introduced two new stroker sleeves.

Aylo Releases Statement on Suspending Access to Pornhub in France

Technology and media company Aylo, which operates adult sites including Pornhub, YouPorn, and Redtube, has released a public statement regarding its decision to block access to its sites in France.

Show More