LAS VEGAS (AP) - A federal appeals court on Thursday upheld a
Nevada law that bars legal brothels that operate in some of the
state's rural areas from advertising by newspaper, leaflets and
billboards in Las Vegas, Reno and other places where prostitution
is illegal.

Nevada Attorney General Catherine Cortez Masto hailed the ruling
by the 9th U.S. Circuit Court of Appeals panel in San Francisco,
while a lawyer for the American Civil Liberties Union of Nevada
promised to appeal.

The laws had been challenged by the ACLU, a Nye County brothel
called the Shady Lady Ranch and two newspapers: the High Desert
Advocate and Las Vegas City Life.

Prostitution is illegal in Clark and Washoe counties - which
include Las Vegas and Reno - and three other Nevada counties. Ten
Nevada counties authorize prostitution by local ordinance.

The 9th Circuit panel reversed a ruling by U.S. District Court
Judge James Mahan in Nevada that two 1979 state laws prohibiting
brothel advertising in counties where prostitution is illegal were
overly broad and unconstitutional.

The laws also prohibit brothel advertising in theaters and on
streets and public highways.

The 9th Circuit noted in its ruling that Nevada was unique among
states because it has a "nuanced boundary," rather than total
criminalization of prostitution.

But the state still seeks to confine the sale of sex acts
through licensing and advertising restrictions, the judges said.

"The Nevada laws appropriately limited commercial speech," the
9th Circuit said. "We conclude that the interest in preventing the
commodification of sex is substantial."

ACLU attorney Allen Lichtenstein said he didn't immediately know
whether he'd seek a hearing before the full 9th Circuit or would
ask the U.S. Supreme Court to take the case.

"The key issue is freedom of speech," he said.

It's a violation of the First Amendment for the state to
restrict advertising by a legal industry, and it's wrong for a
court to make exceptions because the state doesn't want to have it
advertised that legalized prostitution exists, Lichtenstein said.

Masto called free speech "perhaps our most cherished right."
But Nevada has had restrictions on brothel advertising for 40
years, and the state should have the right to have reasonable
limitations, she said.

"The circuit's decision proves there are different ways to deal
with the issue without trampling on First Amendment rights," she
said.

Bobbi Davis, owner of the Shady Lady Ranch, declined immediate
comment.

George Flint, a lobbyist with the Nevada Brothel Owners
Association, said he hadn't seen much advertising by the 24 legal
brothels around the state, and didn't think the court ruling would
have much effect.

"We've encouraged our people to be cautious and not get carried
away," Flint said. "The Legislature may not be able to control
the advertising issue, but they do control our destiny."