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The Supreme Court has refused to hear an ACLU appeal of a state ban of advertising on legal brothels in jurisdictions where the practice is not legal. This leaves the law in a rather curious state. It is legal for outcall and escort services, which are mere fronts for illegal prostitution, to openly advertise on billboards and cards handed out on the Strip.
But it is illegal for legal brothels from neighboring counties to tout their services. That's how stupid the law is. The Supreme Court has said we shall let this happen. The law of the land is now a 9th U.
Judge Marsha Berzon mentioned but then skirted rulings such as 44 Liquormart , which found unconstitutional a ban on advertising prices for booze.
Justice Clarence Thomas wrote that the courts were asked to "weigh incommensurables β the value of knowledge versus the value of ignorance β and to apply contradictory premises β that informed adults are the best judges of their own interests, and that they are not.
Not, rules Judge Berzon. In her ruling, she offers this bit of questionable rationale: "Common sense counsels that advertising tends to stimulate demand for products and services.