Texas “Obscene Device” Law Struck Down

The Texas legislature recently enacted a broad prohibition on the “selling, giving, lending, distributing, or advertising” of “obscene devices.” The law defined “obscene device” as any device “designed or marketed as useful primarily for the stimulation of human genital organs.” The law was just struck down as unconstitutional by the 5th Circuit Court of Appeals.

I didn’t write about this, but my very good friend Marc Randazza did. Well worth the educational experience.

Read about it here!


  1. I love the title “Texas Dildo Law Goes Limp” and “The Dildo Diaries.” I’m glad this law was struck down as unconstitutional. It is a person’s right to use sex toys if you want in the privacy of your own home. No state should be allowed to dictate what you like to use during intimate moments. If you really want a dildo, you will find a way to obtain one. If you are not allowed to use the word “dildo”, can you ask for a rubber pecker?? I thought everything in Texas was BIG???

    Comment by Jennifer Mackall on February 21, 2008 at 2:59 pm

  2. Only in Texas would something come up about the big “D”. No I’m not talking about Dallas.
    Everything is bigger in Texas so what’s the need for a “D”. “Dont Mess With Texas” or (Texan’s)is their big slogan. I think they wasted their time on this one. If you can’t say the word “D____ call it something else and get on with life.
    I read where teachers are buying the “D’s” for educational purposes. I didn’t know they had so many teachers in Texas. Ha!

    Comment by Karen Secrest on February 21, 2008 at 3:55 pm

  3. What a waste of time. Can’t legislators and the courts find better things to spend their time on? Not only that, who lends their dildo to someone? Ewe!

    Comment by Jennifer Augustine on April 9, 2008 at 2:33 pm

  4. The desire to police the citizens of the United States is certainly high on the list of a few states as well as the government. Texas banning the sale of sexual devices is certainly bizarre, but many people would think that Utah’s banning of anything pornographic is equally strange. But allowing people the freedom to do what they want in the privacy of their homes has certainly come to the forefront of today’s society as courts and the government decide what to do in regards of gay marriage, and in the case of Texas, ones ability to stimulate oneself.

    Comment by Rob Jones on April 22, 2008 at 8:22 am

  5. The qualifier “any” is the most frightening term in this law (since struck down). Such a qualifier gives wiiide latitude for the law to interpret this restrictive measure in the broadest possible terms. Gore Vidal wrote that the reason the law so often targets sexuality in the U.S.A. is that sexuality effects every citizen, and what better means of social control. As far as what constitutes an “obscene device,” perhaps we should consult Bill O’Reilly:
    Or this silly schmuck:

    Comment by Bob Wayman on May 2, 2008 at 12:53 pm

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