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Hastings Constitutional Law Quarterly

Authors

Nicole Schilder

Abstract

This Note confronts the absurdity of laws that ban the sale and production of sexual devices. These laws are imbedded in the obscenity statutes of Alabama, Georgia, Mississippi, Texas, and Virginia. The Note commences with a history of sexual devices in the United States. The Note proceeds to use the 11th Circuit case of Williams v. Pryor and cases from Colorado, Georgia, Kansas, Louisiana, and Texas to demonstrate that anti-sexual device statutes are unconstitutional because they infringe on the privacy right or, in the alternative, are overbroad and thus must fail under the rational basis test.

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