Glenn Reynolds denounces the 11th Circuit for upholding an Alabama ban on the sale of sex toys, and links to a newspaper column criticizing the opinion. In a 2000 article in the Hastings Constitutional Law Quarterly, Reynolds and I argued that such cases can be resolved without need to address the question of a constitutional right of sexual privacy: laws such as Alabama’s are void because they are not within the scope of the state’s “police power.”
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