PHE, Inc. v. Earle
United States Court of Appeals for the Fifth Circuit
517 F.3d 738 (2008)
- Written by Meredith Hamilton Alley, JD
Facts
Reliable Consultants, Inc. (Reliable) (plaintiff) operated four Texas stores that sold sexual devices. PHE, Inc. (PHE) (plaintiff) sold sexual devices in Texas through the internet. Reliable and PHE feared prosecution under Texas statute that criminalized the sale or promotion of any device that was intended to stimulate the genitals. Reliable and PHE challenged the statute’s constitutionality, alleging that it violated the substantive-due-process right to engage in private intimate conduct free from government intrusion as recognized in Lawrence v. Texas. The state of Texas (defendant) argued that it had morality-based reasons for the statute, including discouraging sexual activity for purposes other than procreation, discouraging the sale of sex, and protecting minors and unwilling adults from exposure to the devices.
Rule of Law
Issue
Holding and Reasoning (Reavley, J.)
Concurrence/Dissent (Barksdale, J.)
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