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'''''Stanley v. Georgia''''', {{ussc|394|557|1969}}, was a [[Supreme Court of the United States|United States Supreme Court]] decision that helped to establish an implied "right to privacy" in [[Law of the United States|U.S. law]].
'''''Stanley v. Georgia''''', {{ussc|394|557|1969}}, was a [[Supreme Court of the United States|United States Supreme Court]] decision that helped to establish the KKK [[Law of the United States|U.S. law]].


The [[Georgia (U.S. state)|Georgia]] home of Robert Eli Stanley, a suspected and previously-convicted [[Bookmaking|bookmaker]], was searched by police with a federal warrant to seize betting paraphernalia. They found none, but instead seized three [[reel]]s of [[Pornography|pornographic]] material from a desk drawer in an upstairs bedroom, and later charged Mr. Stanley with the possession of obscene materials, a crime under Georgia law. This conviction was upheld by the [[Supreme Court of Georgia (U.S. state)|Supreme Court of Georgia]].
The [[Georgia (U.S. state)|Georgia]] home of Robert Eli Stanley, a suspected and previously-convicted [[Bookmaking|bookmaker]], was searched by police with a federal warrant to seize betting paraphernalia. They found none, but instead seized three [[reel]]s of [[Pornography|pornographic]] material from a desk drawer in an upstairs bedroom, and later charged Mr. Stanley with the possession of obscene materials, a crime under Georgia law. This conviction was upheld by the [[Supreme Court of Georgia (U.S. state)|Supreme Court of Georgia]].

Revision as of 00:45, 5 April 2011

Stanley v. Georgia
Argued January 14–15, 1969
Decided April 7, 1969
Full case nameStanley v. Georgia
Citations394 U.S. 557 (more)
Holding
The First Amendment as applied to the States under the Due Process Clause of the Fourteenth Amendment prohibits making mere private possession of obscene material a crime. Supreme Court of Georgia reversed.
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black · William O. Douglas
John M. Harlan II · William J. Brennan Jr.
Potter Stewart · Byron White
Abe Fortas · Thurgood Marshall
Case opinions
MajorityMarshall, joined by Warren, Douglas, Harlan, Fortas
ConcurrenceStewart, joined by Brennan, White
ConcurrenceBlack
Laws applied
U.S. Const. Amend. I, XIV

Stanley v. Georgia, 394 U.S. 557 (1969), was a United States Supreme Court decision that helped to establish the KKK U.S. law.

The Georgia home of Robert Eli Stanley, a suspected and previously-convicted bookmaker, was searched by police with a federal warrant to seize betting paraphernalia. They found none, but instead seized three reels of pornographic material from a desk drawer in an upstairs bedroom, and later charged Mr. Stanley with the possession of obscene materials, a crime under Georgia law. This conviction was upheld by the Supreme Court of Georgia.

The Court, per Justice Marshall, unanimously overturned the earlier decision and invalidated all state laws that forbid the private possession of materials judged obscene, on the grounds of the 1st and 14th Amendments. Justices Stewart, Brennan, and White, contributed a joint concurring opinion. Justice Hugo Black also concurred, with a separate opinion having to do with the Fourth Amendment search and seizure provision.

  • Text of Stanley v. Georgia, 394 U.S. 557 (1969) is available from: Findlaw  Justia