Federal Court Strikes Down Georgia Obscenity Law - GoFuckYourself.com

tony286 · 04-27-2006, 11:28 AM

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.

white-rob-like-whoa · 04-27-2006, 11:30 AM

Great.. Im in north GA... I better go stock up on rubber dongs.

pr0 · 04-27-2006, 11:31 AM

Heres the bad part of the re-draft.

It will cover electronic obscenity in great detail, & in plain words.

DaddyHalbucks · 04-27-2006, 11:31 AM

Sounds good to me!

Matt Collins · 04-27-2006, 11:37 AM

Obscenity is getting harder and harder to define and prosecute. It may take years for Georgia to get an obscenity law that is constitutional.

Matt

04-27-2006, 11:28 AM	#1
tony286 lurker Industry Role: Join Date: Aug 2002 Location: atlanta Posts: 57,021	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.

04-27-2006, 11:30 AM	#2
white-rob-like-whoa Confirmed User Join Date: Mar 2006 Location: AMERICA, FUCK YES! Posts: 508	Great.. Im in north GA... I better go stock up on rubber dongs. __________________ BUY MY SIG. MOTHERFUCKER! [email protected]

04-27-2006, 11:31 AM	#3
pr0 rockin tha trailerpark Industry Role: Join Date: May 2001 Location: ~Coastal~ Posts: 23,088	Heres the bad part of the re-draft. It will cover electronic obscenity in great detail, & in plain words. __________________ __________ Loadedca$h - get sum! - Revengebucks - mmm rebills! - webair (gotz sErVrz)

04-27-2006, 11:31 AM	#4
DaddyHalbucks A freakin' legend! Industry Role: Join Date: Feb 2004 Location: Las Vegas, Nevada USA Posts: 18,975	Sounds good to me! __________________ Boner Money

04-27-2006, 11:37 AM	#5
Matt Collins Confirmed User Join Date: May 2005 Posts: 1,060	Obscenity is getting harder and harder to define and prosecute. It may take years for Georgia to get an obscenity law that is constitutional. Matt __________________ Check out Globally Translated!-Translate your sites and join the global economy! MattLaw -The law firm for webmasters and site owners! ICQ: 254-829-586 Who is this Matt guy? Check out the Ambush Interview