State v. Cafe Erotica, Inc.

Fletcher, Presiding Justice,

concurring specially.

The majority opinion correctly applies the strict scrutiny test because the fundamental right of free speech is involved. In Georgia, the age of legal majority is 18.6 The state justifies restricting the admission of adults between the age of 18 and 21 on the grounds that the sexually explicit material harms minors. Because OCGA § 16-12-103 restricts the first amendment rights of adults based solely on the potential harm to minors, the statute violates both the United States and Georgia Constitutions.

OCGA § 39-1-1.