Alabama ban on sex toys is struck down as unconstitutional

Associated Press | October 11, 2002

[HAL9000]

BIRMINGHAM, Ala. (AP) -- An Alabama law banning the sale of sex toys was struck down by a federal judge as a violation of the right to privacy.

"The fundamental right of privacy, long recognized by the Supreme Court as inherent among our constitutional protections, incorporates a right to sexual privacy,'' U.S. District Judge Lynwood Smith Jr. said Wednesday.

He said the state did not prove it has a legitimate interest in banning the sale of sex devices for use in private, consensual relationships between adults.

The 1998 law -- part of a package of legislation strengthening the state's obscenity law -- banned the sale of devices designed for "the stimulation of human genital organs.'' It was challenged by six women who either sell sex aids or said they need them for sexual gratification.

Copyright 2002 by The Associated Press. All Rights Reserved.

[LowOiL]

If you had come into my bedroom to arrest me for getting a bj from my girlfriend, you would have left in a bag.

Natural reaction to unexpected surprise is to clinch one's teeth. A small bag might be handy.

[ItisaReligionofPeace]

This is worth repeating!

Just so you know, you don't have to be a Libertarian to think that police have better things to do than haunt dark roads in search of horny teenagers.

[ItisaReligionofPeace]

Maybe there was a shortage at the time and they thought that 3 should be good enough even for the horniest chick?

[ItisaReligionofPeace]

wow

To: FF578 The Crimes Against Nature (Sodomy Law) is a felony in North Carolina, and it is used a lot in law enforcement. Come into my bedroom and try to arrest me for getting a blow job from my wife and you will be leaving in a bag. 56 posted on 10/11/02 5:37 PM Eastern by Phantom Lord [ Post Reply | Private Reply | To 53 | View Replies | Report Abuse ] --------------------------------------------------------------------------------

[Britton J Wingfield]

Heh, I must admit that is a good one.

[gitmo]

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.


I think I would have to disagree with you that there is no right to privacy in the Constitution. Amendment IX guarantees all rights not specifically reserved to the government in the Constitution. It obviously doesn't justify killing another (unborn) person, but I think we should defend a right to privacy.

[tpaine]

"Just think about all of the counties in the U.S. where it's illegal to buy booze. Ludicrous also, but perfectly constitutional." - SP

These local prohibitionary type laws are only 'legal' because they are never challenged to the upper courts on constitutional grounds. [just as per the sex toy 'law']

Lets say I live in a dry county and get some mail order wine delivered to my residence.

-- Can the sheriff bust the mailman? - Nope. Not constitutionally.
-- Can he bust me for having bought it from my own house? - Nope. Not Constitutional.
-- Can the cops bust me for possession? Nope - unconstitutional.

The 'law' only stands as a ~regulation~ on commercial buying & selling. [which IS constitutional]
- Not as a prohibition on an individual right.

[Polonius]

"... I think we should defend a right to privacy."

I don't, unless someone wants to propose a new Constitutional amendment creating one. Whether you agree or disagree with the law, it should be clear that declaring it unconstitutional is a flagrant usurpation of states' rights. In essence, it's one federal judge striking down a state law based on a filmsy pretense because he finds it disagreeable. Such legislating from the bench shouldn't stand.

[tpaine]

"I think we should defend a right to privacy."


I don't, unless someone wants to propose a new Constitutional amendment creating one.
_________________________________

No need:

Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

[jjm2111]

"Every Single State had laws banning Pornography. Every Single State had laws banning homosexuality, sodomy, fornication, adultery, and blasphemy."

So what? It doesn't mean that they were right. Our founders, while good people all, weren't perfect. Many of them owned slaves. That wasn't right.

Additionally, when Adams said morality it wasn't sex he was talking about. Who's more moral, an honest legislator that has fun with his wife and a dildo, or a corrupt one that does it in the missionary position? Besides, you never did answer my question. Some religons believe dancing is immoral. Should we make it illegal?

[jjm2111]

You know shakespeare said "Brevity is the soul of wit."

You really doth protest too much.

[jjm2111]

In Alabama a sex toy is a pair of overalls with the pockets cut out

LOL and bares repeating.

[Man of the Right]

Smith could barely be heard over the sound of his viabrator while rendering his opinion.

[jjm2111]

"I find it amazing that there seems to be so many of them on the internet,"

That's because they're generally smarter than the general population. I've yet to meet a poor libertarian who works at McDonalds.

[jjm2111]

"If some weirdo wants to screw a FAKE chicken in the privacy of his own home, whats it to you?

Where do you draw the line? Should they be able to sell blow up little boys too?

Frictionless Slope

[MotleyGirl70]

LOL....second time I'm brought to tears today. You couldn't have had a more appropriate photo.

Dildo, oops I mean Ditto.

[jjm2111]

I prefer the Crimes against nature Charge for prostitutes that I can show used oral sex and for unmarried people "Parking." You are correct that most officers charge Indecent Exposure instead of CAN when it comes to unmarried "Parking" and most use G.S. 14-204 when charging prostitutes.

I don't.

I prefer the felony charge

You probably get YOUR jollies off arresting some boyfriend-girlfriend for "parking". You think your some kind of avenging angel or something....sick. I don't think people engaging in sex on public property is so great, but a FELONY????

As an LEO you know what a felony does to someone for the rest of their lives. Jesus.

You're sick. That's not the act of a true Chrsitian.

[jjm2111]

ROFLMAO!

[MonroeDNA]

NC is full of self-righteous religeous nutcases.

[jjm2111]

Chrsitian. = Christian.