Judge Douglas Grothaus dismissed, according to news reports about the Kentucky actions against Scott Phillips, the indecent image charges made related to the doll, citing the Ninth Circuit Federal Court’s decision for Ashcroft v. Free Speech Coalition. Surely, if obscenity had been an option, prosecutors would have happily charged the defendant with applicable charges. The dolls aren’t obscene, and Ashcroft v. Free Speech Coalition sets a precedent.
Certainly, when such has been determined already, what factors could lawmakers think banning makes?