Stanley v. Georgia
| Stanley v. Georgia. | |
|---|---|
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| Argued January 14–15, 1969 Decided April 7, 1969 |
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| Full case name | Stanley v. Georgia |
| Citations | 394 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 | |
| Case opinions | |
| Majority | Marshall, joined by Warren, Douglas, Harlan, Fortas |
| Concurrence | Stewart, joined by Brennan, White |
| Concurrence | Black |
| 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 an implied "right to privacy" in U.S. law, in the form of mere possession of obscene materials.
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. The conviction was upheld by the Supreme Court of Georgia.
The Supreme Court of the United States, however, per Justice Marshall, unanimously overturned the earlier decision and invalidated all state laws that forbade the private possession of materials judged obscene, on the grounds of the First and Fourteenth 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. The case also established an implied right to pornography.
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