Fifth Circuit Strikes Down Texas "Sexual Device" Ban

The majority of a Fifth Circuit panel held today that a Texas ban on sale of "sexual devices" violates the fourteenth amendment.  All three circuit judges agreed as to the unconstitutionality of the Texas statute to the extent it prohibited advertisements for sexual devices.  The third panel member dissented as to the ban on sale of sexual devices.  Reliable Consultants, Inc. v. Earle, No. 06-51067 (5th Cir. Feb. 12, 2008).

Our feed has no comment.