Friday, November 15, 2013

Stanley v. Georgia case brief

Stanley v. Georgia case brief summary
394 U.S. 557 (1969)

CASE SYNOPSIS
Appellant sought review of the judgment of the Supreme Court of Georgia, which affirmed his conviction for possession of obscene matter in violation of Ga. Code 1933, § 26-6301.

CASE FACTS
While searching appellant's home for evidence of bookmaking pursuant to a search warrant, federal and state agents discovered obscene films. Appellant was then convicted of knowingly having possession of obscene matter in violation of Ga. Code 1933, § 26-6301. The state supreme court affirmed the conviction.

DISCUSSION
  • On appeal, the court held that while the State had an interest in the sale and distribution of obscene matter, it did not have any interest in appellant's mere possession of obscenity in his own home. 
  • The court found that Ga. Code 1933, § 26-6301 violated U.S. Constitutional amendment I and U.S. Constitutional amendment XIV in that it was an attempt to control a person's private thoughts. 
  • The court held that mere possession of obscene materials could not be a crime and, therefore, reversed the judgment and remanded the case.

CONCLUSION

The court reversed the judgment and remanded the case.

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