Georgia Ruling Could Loosen Obscenity Laws

ATLANTA — A case brought to the state’s highest court by a small Smyrna, Ga.-based tobacco accessory shop could force a change in obscenity legislation across the country.

Surprisingly the shop, This, That and the Other Gift and Tobacco, won the case almost by accident due to a complicated loophole in state law.

On Feb. 15, the 11th U.S. Circuit Court of Appeals in Atlanta ruled that a Georgia law banning public advertising of sex toys was unconstitutional because it limited free speech.

In Georgia, it is considered a high misdemeanor to sell sex toys, which are considered obscene by state law. Consequently, it also is illegal to advertise the sale of such devices.

However, the law also stipulates that the sale of such items is legal for educational or medical purposes, such as for a sex-education class or to treat a sexual dysfunction under a doctor’s care.

The lawyer for This, That and the Other Gift and Tobacco, which carries a small selection of sex toys and novelties, argued that the advertising ban kept this small segment of legal consumers from knowing about the toys.

The appeals court agreed, which would effectively force the Georgia legislature to rewrite at least some of the state’s obscenity law to allow advertising of adult products.

Jonathan Bristol, an Atlanta attorney who frequently handles adult business cases, said the impact of the ruling may be short-lived, but also could reign in a number of appeals from businesses that have previously been penalized for advertising adult products.

“I have no doubt that the state government will rewrite the rules to comply with the ruling,” Bristol told XBiz. “But there are also going to be literally dozens of cases popping up on appeal since lawyers can now argue new free speech grounds.”

Bristol said the case would no doubt cause a stir in many state capitals.

“It could certainly give a lot of lawyers ideas for how to attack a case of this nature,” he said. “And politicians will no doubt take notice.”

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

Le Wand's 'Petite' Highlighted in NY Magazine Article

Le Wand’s Petite massage wand has been recognized in NY Magazine's The Strategist round-up of top-rated massagers.

Supreme Court Rules Against Adult Industry in Pivotal Texas AV Case

The U.S. Supreme Court on Friday issued its decision in Free Speech Coalition v. Paxton, striking a blow against the online adult industry by ruling in support of Texas’ controversial age verification law, HB 1181.

North Carolina Passes Extreme Bill Targeting Adult Sites

The North Carolina state legislature this week ratified a bill that would impose new regulations that industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Orion Debuts 'Gyro' Stroker From You2Toys Line

Orion Wholesale has introduced the You2Toys Gyro stroker.

Share Satisfaction Debuts 'Evolve Penis Pump' Collection

Wellness brand Share Satisfaction has introduced its new Evolve Penis Pump line.

ULoversDoll Debuts 'Isabella' Love Doll

ULoversDoll has added Isabella to its Top-Cydoll collection.

Supreme Court Ruling Due Friday in FSC v. Paxton AV Case

The U.S. Supreme Court will rule on Friday in Free Speech Coalition v. Paxton, the adult industry trade association's challenge to Texas’ controversial age verification law, HB 1181.

Ofcom: More Porn Providers Commit to Age Assurance Measures

A number of adult content providers operating in the U.K. have confirmed that they plan to introduce age checks in compliance with the Online Safety Act by the July 25 deadline, according to U.K. media regulator Ofcom.

Motorbunny Launches Direct Wholesale Program

Motorbunny has launched a direct wholesale program for brick-and-mortar retailers and ecommerce sites.

Biird Introduces 'Together' Intimacy Card Game

Biird has debuted its new card game, Together, designed to promote intimacy in couples.

Show More