Posted by Eugene Volokh:
The Perks of Being a Professor or Student in Georgia:
http://volokh.com/archives/archive_2006_02_12-2006_02_18.shtml#1140127396
I just read a case [1]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 .
. . .
References
1. http://www.ca11.uscourts.gov/opinions/ops/200416419.pdf
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