stanley
georgia
argued
decided
april
authority
warrant
search
appellant
home
evidence
alleged
bookmaking
activities
officers
found
films
bedroom
films
projected
deemed
obscene
appellant
arrested
possession
thereafter
indicted
tried
convicted
knowingly
hav
ing
possession
obscene
matter
violation
georgia
law
georgia
affirmed
holding
essential
indictment
charging
one
possession
obscene
matter
alleged
possession
intent
sell
expose
circulate
appellant
contends
georgia
obscenity
statute
unconstitutional
insofar
punishes
mere
private
possession
obscene
matter
georgia
relying
roth
argues
statute
validity
ground
obscenity
within
area
constitutionally
protected
speech
press
held
first
amendment
made
applicable
fourteenth
prohibits
making
mere
private
possession
obscene
material
crime
pp
neither
roth
supra
subsequent
decisions
made
context
statute
punishing
mere
private
possession
obscene
material
involved
governmental
power
prohibit
regulate
certain
public
actions
respecting
obscene
matter
pp
constitution
protects
right
receive
information
ideas
regardless
social
worth
generally
free
governmental
intrusions
one
privacy
control
one
thoughts
pp
state
may
prohibit
mere
possession
obscene
matter
ground
may
lead
antisocial
conduct
roth
supra
distinguished
proscribe
possession
ground
necessary
incident
statutory
scheme
prohibiting
distribution
see
smith
california
pp
wesley
asinof
argued
cause
filed
brief
appellant
robert
sparks
argued
cause
appellee
brief
lewis
slaton
justice
marshall
delivered
opinion
investigation
appellant
alleged
bookmaking
activities
led
issuance
search
warrant
appellant
home
authority
warrant
federal
state
agents
secured
entrance
found
little
evidence
bookmaking
activity
looking
desk
drawer
upstairs
bedroom
one
federal
agents
accompanied
state
officer
found
three
reels
film
using
projector
screen
found
upstairs
living
room
viewed
films
state
officer
concluded
obscene
seized
since
examination
bedroom
indicated
appellant
occupied
charged
possession
obscene
matter
placed
arrest
later
indicted
knowingly
hav
ing
possession
obscene
matter
violation
georgia
law
appellant
tried
jury
convicted
georgia
affirmed
stanley
state
noted
probable
jurisdiction
appeal
brought
appellant
raises
several
challenges
validity
conviction
find
necessary
consider
one
appellant
argues
argued
georgia
obscenity
statute
insofar
punishes
mere
private
possession
obscene
matter
violates
first
amendment
made
applicable
fourteenth
amendment
reasons
set
forth
agree
mere
private
possession
obscene
matter
constitutionally
made
crime
saw
valid
constitutional
objection
georgia
statute
even
though
extends
typical
statute
forbidding
commercial
sales
obscene
material
held
essential
indictment
charging
one
possession
obscene
matter
alleged
possession
intent
sell
expose
circulate
stanley
state
supra
state
appellant
agree
question
us
whether
statute
imposing
criminal
sanctions
upon
mere
knowing
possession
obscene
matter
constitutional
context
georgia
concedes
present
case
appears
one
first
impression
exact
point
contends
since
obscenity
within
area
constitutionally
protected
speech
press
roth
free
subject
limits
provisions
constitution
see
ginsberg
new
york
deal
way
deemed
necessary
may
deal
possession
things
thought
detrimental
welfare
citizens
state
protect
body
citizen
may
argues
georgia
protect
mind
true
roth
declare
seemingly
without
qualification
obscenity
protected
first
amendment
statement
repeated
various
forms
subsequent
cases
see
smith
california
jacobellis
ohio
opinion
brennan
ginsberg
new
york
supra
however
neither
roth
subsequent
decision
dealt
precise
problem
involved
present
case
roth
convicted
mailing
obscene
circulars
advertising
obscene
book
violation
federal
obscenity
statute
defendant
companion
case
alberts
california
convicted
lewdly
keeping
sale
obscene
indecent
books
writing
composing
publishing
obscene
advertisement
none
statements
cited
roth
proposition
always
assumed
obscenity
protected
freedoms
speech
press
made
context
statute
punishing
mere
private
possession
obscene
material
cases
cited
deal
part
use
mails
distribute
objectionable
material
form
public
distribution
dissemination
moreover
none
decisions
subsequent
roth
involved
prosecution
private
possession
obscene
materials
cases
dealt
power
state
federal
governments
prohibit
regulate
certain
public
actions
taken
intended
taken
respect
obscene
matter
indeed
one
exception
unable
discover
case
issue
present
case
fully
considered
context
believe
case
decided
simply
citing
roth
roth
progeny
certainly
mean
first
fourteenth
amendments
recognize
valid
governmental
interest
dealing
problem
obscenity
assertion
interest
every
context
insulated
constitutional
protections
neither
roth
decision
reaches
far
said
roth
easeless
vigilance
watchword
prevent
erosion
first
amendment
rights
congress
door
barring
federal
state
intrusion
area
left
ajar
must
kept
tightly
closed
opened
slightest
crack
necessary
prevent
encroachment
upon
important
interests
roth
cases
following
discerned
important
interest
regulation
commercial
distribution
obscene
material
holding
foreclose
examination
constitutional
implications
statute
forbidding
mere
private
possession
material
well
established
constitution
protects
right
receive
information
ideas
freedom
speech
press
necessarily
protects
right
receive
martin
city
struthers
see
griswold
connecticut
lamont
postmaster
general
brennan
concurring
cf
pierce
society
sisters
right
receive
information
ideas
regardless
social
worth
see
winters
new
york
fundamental
free
society
moreover
context
case
prosecution
mere
possession
printed
filmed
matter
privacy
person
home
right
takes
added
dimension
also
fundamental
right
free
except
limited
circumstances
unwanted
governmental
intrusions
one
privacy
makers
constitution
undertook
secure
conditions
favorable
pursuit
happiness
recognized
significance
man
spiritual
nature
feelings
intellect
knew
part
pain
pleasure
satisfactions
life
found
material
things
sought
protect
americans
beliefs
thoughts
emotions
sensations
conferred
government
right
let
alone
comprehensive
rights
right
valued
civilized
man
olmstead
brandeis
dissenting
rights
appellant
asserting
case
us
asserting
right
read
observe
pleases
right
satisfy
intellectual
emotional
needs
privacy
home
asserting
right
free
state
inquiry
contents
library
georgia
contends
appellant
rights
certain
types
materials
individual
may
read
even
possess
georgia
justifies
assertion
arguing
films
present
case
obscene
think
mere
categorization
films
obscene
insufficient
justification
drastic
invasion
personal
liberties
guaranteed
first
fourteenth
amendments
whatever
may
justifications
statutes
regulating
obscenity
think
reach
privacy
one
home
first
amendment
means
anything
means
state
business
telling
man
sitting
alone
house
books
may
read
films
may
watch
whole
constitutional
heritage
rebels
thought
giving
government
power
control
men
minds
yet
face
traditional
notions
individual
liberty
georgia
asserts
right
protect
individual
mind
effects
obscenity
certain
argument
amounts
anything
assertion
state
right
control
moral
content
person
thoughts
may
noble
purpose
wholly
inconsistent
philosophy
first
amendment
said
kingsley
international
pictures
regents
argument
misconceives
constitution
protects
guarantee
confined
expression
ideas
conventional
shared
majority
realm
ideas
protects
expression
eloquent
less
unconvincing
cf
joseph
burstyn
wilson
relevant
obscene
materials
general
particular
films
arguably
devoid
ideological
content
line
transmission
ideas
mere
entertainment
much
elusive
draw
indeed
line
drawn
see
winters
new
york
supra
whatever
power
state
control
public
dissemination
ideas
inimical
public
morality
constitutionally
premise
legislation
desirability
controlling
person
private
thoughts
perhaps
recognizing
georgia
asserts
exposure
obscene
materials
may
lead
deviant
sexual
behavior
crimes
sexual
violence
appears
little
empirical
basis
assertion
important
state
concerned
printed
filmed
materials
inducing
antisocial
conduct
believe
context
private
consumption
ideas
information
adhere
view
mong
free
men
deterrents
ordinarily
applied
prevent
crime
education
punishment
violations
law
whitney
california
brandeis
concurring
see
emerson
toward
general
theory
first
amendment
yale
given
present
state
knowledge
state
may
prohibit
mere
possession
obscene
matter
ground
may
lead
antisocial
conduct
may
prohibit
possession
chemistry
books
ground
may
lead
manufacture
homemade
spirits
true
roth
rejected
necessity
proving
exposure
obscene
material
create
clear
present
danger
antisocial
conduct
probably
induce
recipients
conduct
case
dealt
public
distribution
obscene
materials
distribution
subject
different
objections
example
always
danger
obscene
material
might
fall
hands
children
see
ginsberg
new
york
supra
might
intrude
upon
sensibilities
privacy
general
public
see
redrup
new
york
dangers
present
case
finally
faced
argument
prohibition
possession
obscene
materials
necessary
incident
statutory
schemes
prohibiting
distribution
argument
based
alleged
difficulties
proving
intent
distribute
producing
evidence
actual
distribution
convinced
difficulties
exist
even
think
justify
infringement
individual
right
read
observe
pleases
right
fundamental
scheme
individual
liberty
restriction
may
justified
need
ease
administration
otherwise
valid
criminal
laws
see
smith
california
hold
first
fourteenth
amendments
prohibit
making
mere
private
possession
obscene
material
crime
roth
cases
following
decision
impaired
today
holding
said
retain
broad
power
regulate
obscenity
power
simply
extend
mere
possession
individual
privacy
home
accordingly
judgment
reversed
case
remanded
proceedings
inconsistent
opinion
ordered
footnotes
appellant
argue
films
obscene
purpose
opinion
assume
obscene
tests
advanced
members
see
redrup
new
york
issue
mapp
ohio
case
decided
grounds
justice
stewart
although
disagreeing
majority
opinion
mapp
reversed
judgment
case
ground
ohio
statute
proscribing
mere
possession
obscene
material
consistent
rights
free
thought
expression
assured
state
action
fourteenth
amendment
ex
parte
jackson
use
mails
chase
use
mails
robertson
baldwin
publication
public
clearing
house
coyne
use
mails
hoke
use
interstate
facilities
near
minnesota
publication
chaplinsky
new
hampshire
utterances
hannegan
esquire
use
mails
winters
new
york
possession
intent
sell
beauharnais
illinois
libel
many
cases
involved
prosecutions
sale
distribution
obscene
materials
possession
intent
sell
distribute
see
redrup
new
york
mishkin
new
york
ginzburg
jacobellis
ohio
smith
california
recent
decision
involved
prosecution
sale
obscene
material
children
ginsberg
new
york
cf
interstate
circuit
city
dallas
cases
involved
federal
state
statutory
procedures
preventing
distribution
mailing
obscene
material
procedures
predistribution
approval
see
freedman
maryland
bantam
books
sullivan
manual
enterprises
day
still
another
case
dealt
attempt
seize
obscene
material
kept
purpose
sold
published
exhibited
otherwise
distributed
circulated
marcus
search
warrant
see
also
quantity
books
kansas
memoirs
massachusetts
proceeding
equity
book
however
possession
book
determined
obscene
proceeding
made
criminal
purpose
sale
loan
distribution
ohio
considered
issue
state
mapp
ohio
four
seven
judges
felt
criminal
prosecution
mere
private
possession
obscene
materials
prohibited
constitution
however
ohio
law
required
concurrence
one
judges
declare
state
law
unconstitutional
view
dissenting
judges
expressed
judge
herbert
agree
mere
private
possession
obscene
literature
adult
constitute
crime
right
individual
read
believe
disbelieve
think
without
governmental
supervision
one
basic
liberties
dictate
mature
adult
books
may
private
library
seems
writer
clear
infringement
constitutional
rights
individual
ohio
cases
dealing
nonpublic
distribution
obscene
material
legitimate
uses
obscene
material
expressed
similar
reluctance
make
activity
criminal
albeit
largely
statutory
grounds
chase
held
federal
law
make
criminal
mailing
private
sealed
obscene
letter
ground
law
purpose
purge
mails
obscene
matter
far
consistent
rights
reserved
people
due
regard
security
private
correspondence
law
later
amended
include
letters
sustained
form
andrews
photographs
supp
denied
attempt
government
confiscate
certain
materials
sought
imported
institute
sex
research
indiana
university
found
applying
roth
formulation
materials
appeal
prurient
interest
seeking
import
utilize
materials
thus
statute
permitting
seizure
obscene
materials
applicable
found
unnecessary
reach
constitutional
questions
presented
claimant
note
belief
statement
roth
concerning
rejection
obscenity
must
interpreted
light
widespread
distribution
material
roth
see
also
redmond
granted
solicitor
general
motion
vacate
remand
instructions
dismiss
information
charging
violation
federal
obscenity
statute
case
husband
wife
mailed
undeveloped
films
posing
nude
firm
developing
see
ackerman
cir
communities
believe
act
belief
obscenity
immoral
wrong
individual
place
decent
society
believe
adults
well
children
corruptible
morals
character
obscenity
source
corruption
eliminated
obscenity
suppressed
primarily
protection
others
much
suppressed
purity
community
salvation
welfare
consumer
obscenity
bottom
crime
obscenity
sin
henkin
morals
constitution
sin
obscenity
rev
see
cairns
paul
wishner
sex
censorship
assumptions
laws
empirical
evidence
rev
see
also
jahoda
impact
literature
psychological
discussion
assumptions
censorship
debate
summarized
concurring
opinion
judge
frank
roth
cir
model
penal
code
provisions
dealing
obscene
materials
limited
cases
commercial
dissemination
model
penal
code
prop
official
draft
see
also
model
penal
code
comment
tent
draft
packer
limits
criminal
sanction
schwartz
morals
offenses
model
penal
code
rev
said
way
infringes
upon
power
state
federal
government
make
possession
items
narcotics
firearms
stolen
goods
crime
holding
present
case
turns
upon
georgia
statute
infringement
fundamental
liberties
protected
first
fourteenth
amendments
first
amendment
rights
involved
statutes
making
mere
possession
criminal
mean
express
opinion
statutes
making
criminal
possession
types
printed
filmed
recorded
materials
see
makes
criminal
otherwise
lawful
possession
materials
possessor
reason
believe
used
injury
advantage
foreign
nation
cases
compelling
reasons
may
exist
overriding
right
individual
possess
materials
justice
black
concurring
agree
mere
possession
reading
matter
movie
films
whether
labeled
obscene
made
crime
state
without
violating
first
amendment
made
applicable
fourteenth
reasons
belief
set
many
prior
opinions
example
smith
california
concurring
opinion
ginzburg
dissenting
opinion
justice
stewart
justice
brennan
justice
white
join
concurring
result
commencement
trial
case
appellant
filed
motion
suppress
films
evidence
upon
ground
seized
violation
fourth
fourteenth
amendments
motion
denied
films
admitted
evidence
trial
affirming
appellant
conviction
georgia
specifically
determined
films
lawfully
seized
appellant
correctly
contends
determination
clearly
wrong
established
principles
constitutional
law
today
disregards
preliminary
issue
hurry
move
newer
constitutional
frontiers
readily
overlook
serious
inroads
upon
fourth
amendment
guarantees
countenanced
case
georgia
courts
fourth
amendment
provides
warrants
shall
issue
upon
probable
cause
supported
oath
affirmation
particularly
describing
place
searched
persons
things
seized
purpose
clear
precise
words
guarantee
people
nation
forever
secure
general
searches
unrestrained
seizures
hated
hallmark
colonial
rule
notorious
writs
assistance
british
crown
see
stanford
texas
basic
fourth
amendment
guarantees
frustrated
present
case
think
manner
made
pernicious
subtlety
happened
search
began
perfectly
lawful
became
occasion
unwarranted
unconstitutional
seizure
films
state
federal
officers
gained
admission
appellant
house
authority
search
warrant
issued
commissioner
warrant
described
place
searched
particularity
like
particularity
described
things
seized
equipment
records
material
used
derived
illegal
wagering
business
warrant
issued
commissioner
apprised
adequate
probable
cause
issue
doubt
therefore
agents
lawfully
present
appellant
house
lawfully
authorized
search
items
specified
warrant
lawfully
empowered
seize
items
might
find
follows
therefore
agents
acting
within
authority
warrant
proceeded
appellant
upstairs
bedroom
pulled
open
drawers
desk
found
one
drawers
gambling
material
moving
picture
films
warrant
gave
authority
seize
films
controlling
constitutional
principle
stated
two
sentences
years
ago
requirement
warrants
shall
particularly
describe
things
seized
makes
general
searches
impossible
prevents
seizure
one
thing
warrant
describing
another
taken
nothing
left
discretion
officer
executing
warrant
marron
even
case
rabinowitz
emphasized
exploratory
searches
undertaken
officers
without
warrant
record
presents
bald
violation
basic
constitutional
rule
condone
happened
invite
government
official
use
seemingly
precise
legal
warrant
ticket
get
man
home
inside
launch
forth
upon
unconfined
searches
indiscriminate
seizures
armed
unbridled
illegal
power
general
warrant
films
seized
violation
fourth
fourteenth
amendments
inadmissible
evidence
appellant
trial
mapp
ohio
accordingly
judgment
conviction
must
reversed
premises
known
springside
drive
two
story
residence
annex
main
floor
constructed
brick
frame
atlanta
fulton
county
georgia
northern
district
georgia
ookmaking
records
wagering
paraphernalia
consisting
bet
slips
account
sheets
recap
sheets
collection
sheets
adding
machines
money
used
derived
wagering
business
records
purchases
records
real
estate
bank
transactions
money
derived
wagering
business
property
used
wagering
business
used
used
operation
bookmaking
business
represent
fruits
bookmaking
business
operated
violation
sections
irc
commissioner
less
four
lengthy
detailed
affidavits
setting
grounds
affiants
reasonable
belief
appellant
engaged
illegal
gambling
enterprise
paraphernalia
trade
concealed
house
fact
almost
gambling
material
actually
found
bearing
course
upon
validity
search
constitutionality
search
depends
measure
upon
brings
light
byars
see
warden
hayden