This That & the Other Gift & Tobacco, Inc. v. Cobb County

The plaintiffs, This That and The Other Gift and Tobacco, Incorporated, and Christopher Prewett, appeal the district court’s grant of summary judgment in favor of the defendants on their First Amendment challenge to Georgia’s obscenity statute, O.C.G.A. § 16-12-80. This is the second time this Court has considered the plaintiffs’ challenge to this same statute. See This That and the Other Gift and Tobacco, Inc. v. Cobb County, Ga., 285 F.3d 1319 (llth Cir.2002) (“This That I”). In This That I, this Court concluded that: (1) § 16-12-80 “contains a per se prohibition on advertising” related to…