CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Wednesday, March 22, 2006

Sex Toys Sending Vibrations through the 11th Circuit

A number of states still have laws that make it a crime to sell or distribute sex toys, and over the past several years there has been a notable amount of litigation throughout many southern states concerning whether these laws remain constitutional in the aftermath of the U.S. Supreme Court's ruling in Lawrence v. Texas, which holds that states cannot outlaw homosexual sodomy between consenting adults. Here's a description of cases challenging laws criminalizing sex toy sales and/or distribution, which can be summarized as follows: Sex toy bans are constitutional, except for when they violate First Amendment commercial speech rights, and please be sure to remove the batteries before placing sex toys into checked luggage. [Mark Godsey]

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