More fun with the First Amendment.

Just when you thought Constitutional Law couldn’t get more interesting, Mayor Menino, the Mayor of Boston, brings us a case that tops even the Bachelor’s First Amendment rights. Trojan, the condom company, has proposed a giveaway of vibrating sex toys on the plaza at Government Center (remember that vast concrete wasteland on your way to the courthouse?). The Mayor thought that giving away sex toys would take away from the “family atmosphere” and wrote a nasty letter to Trojan’s marketing company asking them to refrain. The problem? Government Center is a public place, so Trojan probably has a First Amendment right to be there.

15 Comments

Nick Li posted on October 24, 2012 at 8:37 pm

Almost fell out of my chair reading this. I don’t think it will work because most people are probably afraid of being judged being seen taking a free vibrator/dildo in public.

Tao posted on October 29, 2012 at 4:35 am

…….

Steph posted on November 3, 2012 at 1:28 pm

While I know my reasoning doesn’t have much support from a law perspective, I think having this event at government center isn’t the most ideal location. My reasons are (1) I agree with the comment above, people are so scared of being judged in public (2) there is always so much traffic and families are always around, unnecessarily exposing young kids to such things at a young age is just wrong…

Jinhua Li posted on November 11, 2012 at 9:28 pm

Even though the giveaway sounds strange, Trojan has the First Amendment right to held the event there. First of all, the event was not an obscenity. Secondly, the giveaway was not against law. However, people may not really take the giveaway.

Sofia Gracian posted on November 14, 2012 at 1:05 am

I have to agree with Jinhua Li’s comment about Trojan’s right to do the giveaway, however, I think people will take the giveaways. First of all, who doesn’t enjoy giveaways?! Secondly, sexual toys, although considered taboo are not “bad”, and the incentive that Trojan’s giveaways will have will be for people to buy their condoms = have safe sex. Remember that Boston is a college city, and Suffolk is right next to Government Center. There is nothing wrong with having such toys, and more and more people use them. Plus there are very crazy people out there, so I doubt many will miss out on the opportunity of acquiring such toys for free.

Mangel Zhu posted on November 15, 2012 at 11:48 pm

Since we talked about nudity and free speech, here’s more about nudity in San Francisco: http://www.nytimes.com/2012/11/16/us/protesters-challenge-san-francisco-nudity-ordinance.html?partner=rssnyt&emc=rss

Shiva posted on December 17, 2012 at 12:13 am

I agree with Sofia’s comment above; in that boston is a college city and having the giveaway would promote people from buying more condoms.

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