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February 16, 2006

CA11: Dildos okay in GA

Or at least advertising them. The court in This That and the Other Gift and Tobacco v. Prewett addresses a number of procedural issues (e.g. law of the case doctrine and standards for reviewing injunctions). Essentially:

Because a prior panel in this case has already determined that § 16-12-80 unconstitutionally infringes upon the plaintiffs’ First Amendment rights, we remand this case to the district court to enter summary judgment in favor of the plaintiffs. Because we are bound by the law-of-the-case doctrine, we need not consider whether the type of limiting construction the district court gave to § 16-12-80 is a proper construction of that state statute.

Thanks: Majikthise

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