I just read a case striking down (on slightly complex grounds that I won't get into here) Georgia's law banning the distribution and advertising of "obscene material" — including "[a]ny device designed or marketed as useful primarily for the stimulation of human genital organs," as well as hard-core porn of the sort that the law describes as "obscenity" — and found this exception:
(e) It is an affirmative defense under this Code section that dissemination of the material was restricted to:
(1) A person associated with an institution of higher learning, either as a member of the faculty or a matriculated student, teaching or pursuing a course of study related to such material . . . .
I know that some people think that professors and students — and especially law professors and law students — are especially in need of sex aids, but it's nice to see that under Georgia law they actually get a special entitlement to them! I realize, of course, that this is limited to people who are "teaching or pursuing a course of study related to such material," but courses of study are not hard to set up, especially given the availability of independent study projects . . . .
Thanks to How Appealing for the pointer to the opinion.
Related Posts (on one page):
- Wise Words,
- The Perks of Being a Professor or Student in Georgia:
You see the large majority of students in the Peach State, especially at the University of Georgia and Georgia Tech, had been for years under the mistaken impression that they were, you'll forgive me, getting things rammed or crammed up or inside them. This was known by a variety of terms, the classic being "That professor just shove (item) up my (orifice)."
Now, this lead to some confusion on the part of the faculty. They were doing no such thing you see to their students. On the contrary, the faculty argued, it was they that were having objects placed with great force into them by deans, trustees, boards and occasionally (only whispered mind you) department chairs.
And so confusion and chaos reigned until final the faculty and students en masse petitioned the General Assembly for some way to rectify this great misunderstanding as to precisely what was getting shoved into who and precisely by whom.
The General Assembly, having no particular interest and favoring neither side in this dispute, though it best to return the problem to the professors and students themselves. Let them use various and sundry devices upon their egg-head selves to determine just precisely whatever it was they were doing in that high falutin’ education type place. The members of the General Assembly were far too busy to worry about what some Poindexters were prattling on about. They had important tasks to accomplish. Like Whittling. And Spitting. (Standing committees for which began with the body's founding in 1777 and remained until the mid 1900s when it was realized that the true mark of a "gentlemen" was to be able to do both at the same time, at which point the committees merged.)
But there was a problem, for you see in order to let the students and professors cram-away in their ivory towers and what not, the little problem of the obscenity law came up. The nerds and geeks simply could not, by law, thrust things to their brainiac hearts’ content. So, the General Assembly took time away from the Great Spelling Debate of 1876 (the origins of which came from a misunderstanding as to how one spelled the name of the fruit that made the state so famous; the proponents of the “No ‘A’s in Peech” movement would eventually fail by one vote as one of their number choked on a pit of the aforementioned fruit and no one the chambers would deign to use that their foreigner Heimlich’s maneuver or what not, leading to the Georgia colloquialism “He choked like a ‘merican”) to modify the obscenity law and permit the pinheads to jab away.
Thus, two great Georgia traditions were born: the practice of professors and students associated with institutions of higher learning attempting to shove things up the various openings of one another and the Legislative practice of blaming all that obscene stuff on things kids were taught at “lie-beral” colleges and universities.
You can at least come up with some sort of public health rationale for a sodomy law (preventing the spread of AIDS, which at least in the case of anal sex is high risk). I can't quite see the public health rationale for a dildo ban. You could even argue that to the extent that it reduces the amount of sexual activity that could spread STDs, allowing vibrators should not only be lawful, but praiseworthy.
Kieran, the response is laughter, not fear. This is just another silly blue law, less harmful than the ban on sunday beer sales. The Atlanta area has no shortage of stores openly advertising these products. (However, I have not checked whether the merchanise lives up to the ads).
The origin of the Georgia law is a good question. Vibrators used to be used by doctors to masturbate "hysterical" patients; possibly the medical profession resented patients' taking matters into their own hands. It wouldn't be the first time.
It sounds like a very bad parody that Firesign Theater would do.
I recall that when my wife and I got married, our pastor handed us a set of audiotapes produced by the Church of the Nazarene about sex--really intended, as our pastor explained, for people quite a bit more naive and younger than my wife and I. The content of the tapes was factually correct, and emphasized that anything that a married couple did that gave them pleasure and didn't make them feel uncomfortable or guilty was good in God's eyes. (Church of the Nazarene is quite fundamentalist--no dancing, no movies, no alcohol--but any form of sexual activity between husband and wife that feels good, definitely okay!)
One of the tapes made the point that vibrators and similar sex toys, if used repeatedly, put you at risk of becoming dependent on them for orgasm--probably not a good idea. I don't find this hard to believe.
Ah, the essence of liberalism: you are too stupid to figure out if a gun in your house makes you less safe or more safe, so we will do our best to prevent you from having to make that choice.
I believe Xaviera Hollander made the same observation in The Happy Hooker. Probably true, but also probably true of any sexual practice relied upon exclusively.
Anyway, when Anderson, Clayton, the Church of the Nazarene, and Xaviera can all agree, that just makes the Georgia law even more absurd.
Obviously, there are absolutely no differences in terms of externalities between gun safety and possible dependence on sex toys. How could one ever treat them differently? I was once blind, now I can see . . .
It usually only takes one legislator to propose it, and then everyone else either has to support the bill or case a vote in favor of vibrators.
Guns kill other people. Guns also fall accidently into the hands of children who hurt themselves or others. No consent is involved with those people. The costs are not internalized via market forces.
Vibrators (according to the stupid rationale we're imputing to the law) can cause those who choose to use them to become dependent. Maybe their consensual partners too. Those costs are not borne by 3d parties. Thus this law is different than gun control.
Because this is a fairly libertarian group, I'll refrain from making too much out of the fact that the same stupid argument that we are imputing to the vibrator law motivates (mostly) all drug laws. Thus, vibrator law is much closer to drug laws than gun laws.
Sheriff's Have Sex in the Line of Duty
Long ago I told a boyfriend he could be replaced by a machine. Prophetic word. LOL