Dildo Ban In Texas Won’t Be Reviewed By The High Court
The Supreme Court refused Monday to consider whether a Texas law making it a crime to promote sex toys shaped like sexual organs is unconstitutional.
An adult bookstore employee in El Paso, Texas, sued the state after his arrest for showing two undercover officers a device shaped like a penis and telling the female officer the device would arouse and gratify her.
The employee, Ignacio Sergio Acosta, says a Texas law outlawing the manufacture, marketing or dissemination of an “obscene device” including those shaped like sex organs is unconstitutional because it prevents individuals from using such devices, violating their right to sexual privacy.
I think that’s the right decision going by a strict interpretation of the Constitution given that I can’t seem to find “right to sexual privacy” in among the various amendments.
You could call it a free speech issue, I guess, because it’s dealing with obscenity. But the Supreme Court has long upheld limitations to free speech based on concerns over obscenity. Basically, it is the state’s prerogative to determine what is and is not obscene and acceptable public consumption.
Still, pretty lame that the cops arrested the guy for brandishing a dildo. But the right way to solve the problem is not to have SCOTUS issue an edict but rather to have Texas legislators re-write the law.
Graeme
likwidshoe
Bullwinkle
robert108
CatMow
keith_glory2
Move_Zig
watashiwa
Rodney Graves
