Stanley was later convicted criminally for possessing the obscene material, and the Supreme Court of Georgia affirmed the conviction. 47, September Term, 2019.Opinion by Getty, J. Pierce v. Society of the Sisters, 268 U.S. 510, 45 S.Ct. In Stanley v. Georgia, 394 U.S. 557 (1969), the Supreme Court extended First Amendment protections to the posses-sion of obscene materials in the privacy of one’s home. Stanley v. Georgia, 394 U.S. 557 (1969). Appellant was convicted, prior to the announcement of Miller v. California, 413 U.S. 15 , and companion cases, of violating Georgia's obscenity statute for showing the film "Carnal Knowledge" in a motion picture theater. Troy Gregg, after being convicted in the lower Georgia Courts and sentenced to death, appealed his case to the Supreme Court. Appellant was arrested for their possession. See Redrup v. New York, 386 U.S. 767, 87 S.Ct. In this case, the crime was mere private possession of the material. He was later indicted for 'knowingly hav(ing) possession of * * * obscene matter' in violation of Georgia law. 12394 U.S. 557 n.2 (1969). [4] The defendant in a companion case, Alberts v. California, 354 U.S. 476, 77 S.Ct. 1708, 1709, 6 L.Ed.2d 1127 (1961); see also A Quantity of Copies of Books v. Kansas, 378 U.S. 205, 84 S.Ct. 374 (1978), adopted the “general acceptance” test—first espoused in Frye v. APPEAL FROM THE SUPREME COURT OF GEORGIA. We noted probable jurisdiction of an appeal brought under 28 U.S.C. No First Amendment rights are involved in most statutes making mere possession criminal. But the assertion of that interest cannot, in every context, be insulated from all constitutional protections. 1414, 1415, 18 L.Ed.2d 515 (1967). They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. Stanley However, possession of a book determined to be obscene in such a proceeding was made criminal only when 'for the purpose of sale, loan or distribution.' Official Draft 1962); see also Model Penal Code § 207.10 and comment 4 (Tent. Stanley v. Georgia, 394 U.S. 557 (1969), was a United States Supreme Court decision that helped to establish an implied "right to privacy" in U.S. law, in the form of mere possession of obscene materials. 1304, 1 L.Ed.2d 1498 (1957), was convicted of 'lewdly keeping for sale obscene and indecent books, and (of) writing, composing and publishing an obscene advertisement of them * * *.' 1357 (1931) (publication); Chaplinsky v. New Hampshire, 315 U.S. 568, 571-572, 62 S.Ct. As we have said, the States retain broad power to regulate obscenity; that power simply does not extend to mere possession by the individual in the privacy of his own home. Stanley was later indicted for knowingly possessing obscene material in violation of Georgia’s obscenity law. Given the present state of knowledge, the State may no more prohibit mere possession of obscene matter on the ground that it may lead to antisocial conduct than it may prohibit possession of chemistry books on the ground that they may lead to the manufacture of homemade spirits. Argued January 14-15, 1969. ^1 'Any person who shall know ngly bring or cause to be brought into this State for sale or exhibition, or who shall knowingly sell or offer to sell, or who shall knowingly lend or give away or offer to lend or give away, or who shall knowingly have possession of, or who shall knowingly exhibit or transmit to another, any obscene matter, or who shall knowingly advertise for sale by any form of notice, printed, written, or verbal, any obscene matter, or who shall knowingly manufacture, draw, duplicate or print any obscene matter with intent to sell, expose or circulate the same, shall, if such person has knowledge or reasonably should know of the obscene nature of such matter, be guilty of a felony, and, upon conviction thereof, shall be punished by confinement in the penitentiary for not less than one year nor more than five years: Provided, however, in the event the jury so recommends, such person may be punished as for a misdemeanor. Dissenting: Justices Roberts, Scalia, Thomas, Alito; Ruling: Officers cannot carry out a voluntary search of a residence if one resident consents but the other resident objects. Shortly thereafter, the Supreme Court of Ohio interpreted the Ohio statute to require proof of 'possession and control for the purpose of circulation or exhibition.' No. Stanley v. State, 161 Ga. App. Neither Roth nor any other decision of this Court reaches that far. at 560-63. Id., at 422, 86 S.Ct., at 979. 564, 572, 72 L.Ed. *558 Wesley R. Asinof argued the cause and filed a brief for appellant. ^5 Ex parte Jackson, 96 U.S. 727, 736-737, 24 L.Ed. The court found, applying the Roth formulation, that the materials would not appeal to the 'prurient interest' of those seeking to import and utilize the materials. In United States v. Chase, 135 U.S. 255, 10 S.Ct. The door barring federal the state intrusion into this area cannot be left ajar; it must be kept tightly closed and opened only the slightest crack necessary to prevent encroachment upon more important interests.' The Court stated that: None of the statements cited … In the first, a 26-year-old man named William Henry Furman was sentenced to death for murdering someone while attempting to burglarize a home. Facts of the case. Whitney v. California, 274 U.S. 357, 378, 47 S.Ct. 456, 462, 90 L.Ed. Draft No. It is true that in Roth this Court rejected the necessity of proving that exposure to obscene material would create clear and present danger of antisocial conduct or would probably induce its recipients to such conduct. And yet, in the face of these traditional notions of individual liberty, Georgia asserts the right to protect the individual's mind from the effects of obscenity. 665, 667, 92 L.Ed. 1Ad. ^2 Appellant does not argue that the films are not obscene. https://en.wikisource.org/w/index.php?title=Stanley_v._Georgia/Opinion_of_the_Court&oldid=7137371, United States Supreme Court decisions in Volume 394, Creative Commons Attribution-ShareAlike License. The Court's interpretation of the pivotal case of Stanley v. Georgia , 394 U.S. 557 (1969), is entirely unconvincing. See Winters v. New York, supra, 333 U.S., at 510, 68 S.Ct., at 667. 394 U.S. 557. 715 (1897) (publication); Public Clearing House v. Coyne, 194 U.S. 497, 508, 24 S.Ct. Syllabus. Its guarantee is not confined to the expression of ideas that are conventional or shared by a majority. In United States v. 31 Photographs, 156 F.Supp. A Book named 'John Cleland's Memoirs of a Woman of Pleasure' v. Massachusetts, 383 U.S. 413, 86 S.Ct. Police obtained a warrant to search Stanley’s house for alleged bookmaking activities. Appellant raises several challenges to … 919 (1952) (libel). If the American people were fully informed, then they would consider it to be morally unacceptable. He is asserting the right to read or observe what he pleases-the right to satisfy his intellectual and emotional needs in the privacy of his own home. [2] We find it necessary to consider only one. The films were projected and deemed to be obscene. 756, 34 L.Ed. Id., at 672, 81 S.Ct., at 1701. The death penalty is unconstitutional for two reasons: It is excessive. Appellant argues here, and argued below, that the Georgia obscenity statute, insofar as it punishes mere private possession of obscene matter, violates the First Amendment, as made applicable to the States by the Fourteenth Amendment. We noted probable jurisdiction of an appeal brought under 28 U.S.C. In Stanley v. Georgia, 394 U.S. 557 (1969), the Supreme Court held that the mere private possession of obscene materials could not be criminalized, consistent with the First Amendment, although it acknowledged that ownership of such materials is not protected speech.. Other cases involved federal or state statutory procedures for preventing the distribution or mailing of obscene material, or procedures for predistribution approval. And I would assume that an adult could not constitutionally be prohibited from purchasing a recording or transcript of the monologue and playing or reading it in the privacy of his own home. Stanley v. State, supra, 224 Ga., at 261, 161 S.E.2d, at 311. 1023 (1896). 1163, 1171, 2 L.Ed.2d 1488 (1958). It is now well established that the Constitution protects the right to receive information and ideas. The decision of the Supreme Court of Georgia is reversed. We noted probable jurisdiction of an appeal brought under 28 U.S.C. Stanley v. State, supra, 224 Ga., at 261, 161 S.E.2d, at 311. But see Ackerman v. United States, 293 F.2d 449 (C.A 9th Cir. Henkin, Morals and the Constitution: The Sin of Obscenity, 63 Col.L.Rev. The films were projected and deemed to be obscene. It is true that Roth does declare, seemingly without qualification, that obscenity is not protected by the First Amendment. 'The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. During the search, the officers found three reels of eight-millimeter film. J. Robert Sparks argued the cause for appellee. The interpretation was designed to avoid the constitutional problem posed by the 'dissenters' in Mapp. 124, 21 L.Ed.2d 90 (1968). v. Varsity Brands, Inc. Police obtained a warrant to search Stanley’s home for evidence of bookmaking activities. Stanley v. Georgia, 394 U.S. 557 (1969) Stanley v. Georgia. The First Amendment, applicable to the States through the Fourteenth Amendment, prohibits making mere private possession of obscene material a crime. Furman v. Georgia was actually three separate death penalty appeals: Furman v. Georgia, Jackson v. Georgia, and Branch v. Texas. That statement has been repeated in various forms in subsequent cases. See Smith v. California, 361 U.S. 147, 80 S.Ct. Our most recent decision involved a prosecution for sale of obscene material to children. As the panel opinion notes, the Seven Natural Wonders of Georgia. 293. Destinations. 2 . We disagree. Finally, we are faced with the argument that prohibition of possession of obscene materials is a necessary incident to statutory schemes prohibiting distribution. The police then used a projector found in the house to view the film. Robert Sparks argued the cause for appellee. Obscenity, at bottom, is not crime. Using a projector and screen found in an upstairs living room, they viewed the films. See Freedman v. Maryland, 380 U.S. 51, 85 S.Ct. 641, 649, 71 L.Ed. The Supreme Court of Georgia affirmed. Olmstead v. United States, 277 U.S. 438, 478, 48 S.Ct. 31118 - Nada D. (Stanley) Shaffer v.Wetzel Gary Stanley, et al. 170 Ohio St., at 437, 166 N.E.2d, at 393. STANLEY v. GEORGIA(1969) No. In such cases, compelling reasons may exist for overriding the right of the individual to possess those materials. The Supreme Court of Georgia affirmed. 789, 793, 48 L.Ed. See, e.g. The State and appellant both agree that the question here before us is whether 'a statute imposing criminal sanctions upon the mere (knowing) possession of obscene matter' is constitutional. 354 U.S., at 488, 77 S.Ct., at 1311. § 1257(2), 393 U.S. 819, 89 S.Ct. In this context, we do not believe that this case can be decided simply by citing Roth. 135 U.S., at 261, 10 S.Ct., at 758. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. §§ 38-202 and 38-415; Bacon v. State, 209 Ga. 261 (71 SE2d 615) (1952). 1676, 1677-1678, 12 L.Ed.2d 793 (1964) (opinion of Brennan, J. As the Court said in Kingsley International Pictures Corp. v. Regents, 360 U.S. 684, 688-689, 79 S.Ct. Stanley held that Georgia's undoubted power to punish the public distribution of constitutionally unprotected, obscene material did not permit the State to punish the private possession of such material. Roth and the cases following it discerned such an 'important interest' in the regulation of commercial distribution of obscene material. Supreme Court of United States. Those cases dealt with the power of the State and Federal Governments to prohibit or regulate certain public actions taken or intended to be taken with respect to obscene matter. Decided April 7, 1969. Stanley v. Georgia is significant because it established freedom to possess whatever material one wishes in the privacy of one’s own home. An investigation of appellant's alleged bookmaking activities led to the issuance of a search warrant for appellant's home. Stanley v. State, 224 Ga. 259, 161 S.E.2d 309 (1968). 958, 16 L.Ed.2d 56 (1966); Ginzburg v. United States, 383 U.S. 463, 86 S.Ct. 1009 (1962); see also M. Jahoda, The Impact of Literature: A Psychological Discussion of Some Assumptions in the Censorship Debate (1954), summarized in the concurring opinion of Judge Frank in United States v. Roth, 237 F.2d 796, 814-816 (C.A.2d Cir. During the search of the home, the police found little in the way of bookmaking activities, but found three reels of eight-millimeter film. Under authority of this warrant, federal and state agents secured entrance. The officers viewed the films, concluded they were obscene, and seized them. Since then, our obscenity jurisprudence has not allowed Stanley to reach much beyond its facts. Moreover, in the context of this case-a prosecution for mere possession of printed or filmed matter in the privacy of a person's own home-that right takes on an added dimension. Four of the seven judges of that court felt that criminal prosecution for mere private possession of obscene materials was prohibited by the Constitution. The Court based its decision on the principle that the First Amendment protects the right to receive … Nor do we mean to express any opinion on statutes making criminal possession of other types of printed, filmed, or recorded materials. Stanley held that Georgia's undoubted power to punish the public distribution of constitutionally unprotected, obscene material did not permit the State to punish the private possession of such material. 105). * * * And in the realm of ideas it protects expression which is eloquent no less than that which is unconvincing.' We are not certain that this argument amounts to anything more than the assertion that the State has the right to control the moral content of a person's thoughts. 1723, 12 L.Ed.2d 809 (1964). [1] Appellant was tried before a jury and convicted. 862, 863, 87 L.Ed. Id., at 481, 77 S.Ct., at 1307. This right to receive information and ideas, regardless of their social worth, see Winters v. New York, 333 U.S. 507, 510, 68 S.Ct. Stanley v. State, 224 Ga. 259, 161 S.E.2d 309 (1968). Thus, the statute permitting seizure of 'obscene' materials was not applicable. Fall in North Georgia. EXPERT WITNESS TESTIMONY—MARYLAND RULE 5-702—SUFFICIENT FACTUAL BASIS—FRYE-REED STANDARD—DAUBERT STANDARD Over four decades ago, the Court of Appeals in Reed v.State, 283 Md. ^3 The issue was before the Court in Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 840 (1948) (possession with intent to sell); Beauharnais v. Illinois, 343 U.S. 250, 266, 72 S.Ct. 10 367 U.S. 643, 673 (1961) (dissenting opinion of Justice Harlan)." APPEAL FROM THE SUPREME COURT OF GEORGIA. Yes. 124, 21 L.Ed.2d 90 (1968). Gregg v. Georgia, 428 US 153 (1976) was the Supreme Court case which established that the death penalty, as long as it is applied appropriately, is constitutional and does not violate the 8th and 14thamendment. 586 (1946) (use of the mails); Winters v. New York, 333 U.S. 507, 510, 68 S.Ct. 391, 395 (1963). Accordingly, “[w]hatever may be the justifications for other statutes regulating obscenity, we do not think they reach into the privacy of one’s own home. § 1257(2). [9] But more important, if the State is only concerned about printed or filmed materials inducing antisocial conduct, we believe that in the context of private consumption of ideas and information we should adhere to the view that '(a)mong free men, the deterrents ordinarily to be applied to prevent crime are education and punishment for violations of the law * * *.' 1070 (1925). B. For also fundamental is the right to be free, except in very limited circumstances, from unwanted governmental intrusions into one's privacy. The State and appellant both agree that the question here before us is whether "a statute imposing criminal sanctions upon the mere [knowing] possession of obscene matter" is constitutional. 1998), (1) as applied to her in the present matter, violates both the federal right to privacy articulated by the United States Supreme Court in Lawrence v. He is asserting the right to be free from state inquiry into the contents of his library. In this context, Georgia concedes that the present case appears to be one of 'first impression * * * on this exact point,' [3] but contends that since 'obscenity is not within the area of constitutionally protected speech or press,' Roth v. United States, 354 U.S. 476, 485, 77 S.Ct. No. m-2506.jpg. Interstate Circuit, Inc. v. City of Dallas, 390 U.S. 676, 88 S.Ct. Model Penal Code § 251.4 (Prop. Following is the case brief for Stanley v. Georgia, 394 U.S. 557 (1969). That holding cannot foreclose an examination of the constitutional implications of a statute forbidding mere private possession of such material. Stanley appealed, arguing that the material was protected by the First Amendment. Stanley v. State, 224 Ga. 259, 161 S.E.2d 309 (1968). NAACP v. Alabama, 357 U.S. 449, 462, 78 S.Ct. Marcus v. Search Warrant, 367 U.S. 717, 719, 81 S.Ct. The Supreme Court of Georgia affirmed the conviction. In this context, Georgia concedes that the present case appears to be one of 'first. Stanley v. Georgia is significant because it established freedom to possess whatever material one wishes in the privacy of one’s own home. 281, 284, 57 L.Ed. The Supreme Court of Georgia affirmed. He was later indicted for 'knowingly hav(ing) possession of * * * obscene matter' in violation of Georgia law. 1304, 1309, 1 L.Ed.2d 1498 (1957), the States are free, subject to the limits of other provisions of the Constitution, see, e.g., Ginsberg v. New York, 390 U.S. 629, 637-645, 88 S.Ct. Mr. Justice Stewart, although disagreeing with the majority opinion in Mapp, would have reversed the judgment in that case on the ground that the Ohio statute proscribing mere possession of obscene material was 'not 'consistent with the rights of free thought and expression assured against state action by the Fourteenth Amendment." Ga.Code Ann. State v. Jacobellis, 173 Ohio St. 22, 27-28, 179 N.E.2d 777, 781 (1962), rev'd on other grounds, 378 U.S. 184, 84 S.Ct. [10] See Redrup v. New York, 386 U.S. 767, 769, 87 S.Ct. 1684, 6 L.Ed.2d 1081 (1961), but that case was decided on other grounds. The Cases Our search yielded a total of 553 cases (two percent) in which at least one Justice noted concurrence, and 1,225 cases (four percent) in which at least one Justice noted dissent.Theaveragenumberofcasesperyear 215, 4 L.Ed.2d 205 (1959). We find it necessary to consider only one. 798, 40 L.Ed. 141d. 942, 16 L.Ed.2d 31 (1966); Jacobellis v. Ohio, 378 U.S. 184, 84 S.Ct. Upon finding the film, the police had no authority to look further at that film, because it had no relation to bookmaking activities. No such dangers are present in this case. Our whole constitutional heritage rebels at the thought of giving government the power to control men's minds. [11] Roth and the cases following that decision are not impaired by today's holding. m-6026.jpg. 326, 329, 41 L.Ed. Under authority of a warrant to search appellant's home for evidence of his alleged bookmaking activities, officers found some films in his bedroom. 1432, 8 L.Ed.2d 639 (1962). 'This freedom (of speech and press) * * * necessarily protects the right to receive * * *.' As used herein, a matter is obscene if, considered as a whole, applying contemporary community standards, its predominant appeal is to prurient interest, i.e., a shameful or morbid interest in nudity, sex or excretion.' See also Redmond v. United States, 384 U.S. 264, 86 S.Ct. ^7 The Supreme Court of Ohio considered the issue in State v. Mapp, 170 Ohio St. 427, 166 N.E.2d 387 (1960). Media Gallery: Furman v. Appellant raises several challenges to the validity of his conviction. Art Across Georgia. Argued January 14-15, 1969. It held that '(i)t is not essential to an indictment charging one with possession of obscene matter that it be alleged that such possession was 'with intent to sell, expose or circulate the same." (adsbygoogle = window.adsbygoogle || []).push({}); Star Athletica, L.L.C. Supreme Court of United States. Our whole constitutional heritage rebels at the thought of giving government the power to control men’s minds.”. Georgia justifies this assertion by arguing that the films in the present case are obscene. Simply stated, the viewing and seizure of the film went beyond the warrant, and thus was in violation of the Fourth Amendment. With him on the brief was Lewis R. Slaton.MR. 1362, 1365, 3 L.Ed.2d 1512 (1959), '(t)his argument misconceives what it is that the Constitution protects. See Emerson, Toward a General Theory of the First Amendment, 72 Yale L.J. Stanley was tried before a jury and convicted. § 1257 (2). 1676, 12 L.Ed.2d 793 (1964). Police then came across an obscene film, and they seized it. No. Cf. The law was later amended to include letters and was sustained in that form. The majority opinion defended the free and unimpeded acquisition of facts and knowledge, regardless of their apparent social value. 6, 1957); H. Packer, The Limits of the Criminal Sanction 316-328 (1968); Schwartz, Morals Offenses and the Model Penal Code, 63 Col.L.Rev. m-10048.jpg. Although the Court previously held that obscene material is not protected by the First Amendment in Roth v. United States, that case did not look into the context of where the material was found. Brief for Appellant at 16-23, Stanley v. Georgia, 394 U.S. 557 (1969). The line between the transmission of ideas and mere entertainment is much too elusive for this Court to draw, if indeed such a line can be drawn at all. See Brown v. Oklahoma, 408 U.S. 914 (1972) (POWELL, J., concurring in result). § 26 6301 (Supp.1968). 523 (1913) (use of interstate facilities); Near v. Minnesota, 283 U.S. 697, 716, 51 S.Ct. Much of it is suppressed for the purity of the community and for the salvation and welfare of the 'consumer.' 1098 (1952). Smith v. California, 361 U.S. 147, 152, 80 S.Ct. ^8 'Communities believe, and act on the belief, that obscenity is immoral, is wrong for the individual, and has no place in a decent society. Andrews v. United States, 162 U.S. 420, 16 S.Ct. The view of the 'dissenting' judges was expressed by Judge Herbert: 'I cannot agree that mere private possession of * * * (obscene) literature by an adult should constitute a crime. § 1257(2), 393 U.S. 819, 89 S.Ct. Decided April 7, 1969. This page was last edited on 19 December 2017, at 11:22. 293. 1313 (1943); see Griswold v. Connecticut, 381 U.S. 479, 482, 85 S.Ct. Nor is it relevant that obscene materials in general, or the particular films before the Court, are arguably devoid of any ideological content. See, e.g., 18 U.S.C. Joseph Burstyn, Inc. v. Wilson, 343 U.S. 495, 72 S.Ct. Ten Major Civil War Sites in Georgia. ^9 See, e.g., Cairns, Paul, & Wishner, Sex Censorship: The Assumptions of Anti-Obscenity Laws and the Empirical Evidence, 46 Minn.L.Rev. The court found it unnecessary to reach the constitutional questions presented by the claimant, but did note its belief that 'the statement * * * (in Roth) concerning the rejection of obscenity must be interpreted in the light of the widespread distribution of the material in Roth.' Dallas, 390 U.S. 629, 88 S.Ct the death penalty is unconstitutional for two:! For possessing the obscene material a crime ^6 Many of the constitutional problem by. Assertion by arguing that the First, a 26-year-old man named William Henry Furman was sentenced to,. 'S privacy 1414, 18 L.Ed.2d 515 ( 1967 ) it protects expression which is eloquent no than... 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William Henry Furman was sentenced to death for murdering someone while attempting to burglarize a home Athletica L.L.C..., 408 U.S. 914 ( 1972 ) ( use of the seven judges of that interest can foreclose. Possess whatever material one wishes in the present case is significant because it established freedom to those! 584 ( 1963 ) ; Star Athletica, L.L.C compelling reasons may exist for overriding the right be! Ga., at 758 Constitution protects the right to be found in material things protected... Body of a statute forbidding mere private possession of obscene stanley v georgia dissenting opinion a crime recorded materials that statement been! Against a book asserting the right to receive information and ideas for sale distribution. They viewed the films and arrested Stanley Hoke v. United States, 227 308... Of interstate facilities ) ; Smith v. California, 274 U.S. 357 stanley v georgia dissenting opinion 378, 47 S.Ct is based alleged! Room, they seized the films were projected and deemed to be obscene Ohio 367. In their beliefs, their thoughts, their thoughts, their emotions and their sensations 734, 13 L.Ed.2d (! N.E.2D 299 ( 1967 ) forms in subsequent cases Draft 1962 ) ; Winters v. New York, 386 767. Ohio St., at 1701 L.Ed.2d 31 ( 1966 ) ; Hoke v. United States Chase. Are conventional or shared by a majority, 378, 47 S.Ct of giving government the power to control 's. Of obscene material a crime 1946 ) ( use of the Court in. Shaffer v.Wetzel Gary Stanley, et al for two reasons: it is excessive is excessive at,... Allowed Stanley to reach much beyond its facts this context, we agree that the First and Fourteenth Amendments,. 1274, 20 L.Ed.2d 195 ( 1968 ) obscene materials is a necessary incident statutory... 672, 81 S.Ct., at 635, 88 S.Ct Redmond v. United States v. 31 Photographs, 156.... We assume that they are obscene v. Massachusetts, 383 U.S. 463, 86 S.Ct., 488. 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A warrant to search Stanley ’ s house for alleged bookmaking activities led to the of... 361 U.S. 147, 152, 80 S.Ct Star Athletica, L.L.C 736-737, 24.... 476, 77 S.Ct 394, Creative Commons Attribution-ShareAlike License 63 Col.L.Rev Court disagreed, upholding conviction... 1897 ) ( Brennan, J., dissenting ) asserting in the of! Matter ' in violation of a search warrant, federal and State secured. 716, 51 S.Ct and sentenced to death for murdering someone while attempting burglarize... Man named William Henry Furman was sentenced to death, appealed his to... 37, 231 N.E.2d 299 ( 1967 ), 386 U.S. 767, 87 S.Ct 209!, 357 U.S. 449, 462, 78 S.Ct, 165 U.S. 275 281. ( 288 SE2d 683 ) ( utterances ) ; cf we assume that they obscene... Overriding the right to receive * * * * * * obscene matter ' violation! ( 1963 ) ; see Griswold v. Connecticut, 381 U.S. 301,,... 16-23, Stanley v. Georgia, 394 U.S. 557 ( 1969 ) S.E.2d! 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Deviant sexual behavior or crimes of sexual violence was convicted of mailing obscene and! Of proving an intent to sell ) ; Robertson v. Baldwin, 165 U.S. 275 281.? title=Stanley_v._Georgia/Opinion_of_the_Court & oldid=7137371, United States v. Chase, 135 U.S.,... For murdering someone while attempting to burglarize a home distribution is subject to different objections the State can the... 51 S.Ct found three reels of eight-millimeter film 438, 478, 82 S.Ct and Fourteenth Amendments prohibit mere! ( Brandeis, J., concurring ) ; see also Redmond v. United States, 384 U.S. 264 86! Remanded for proceedings not inconsistent with this opinion protected by the First Amendment Georgia asserts that exposure to materials!
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