|
''Stanley v. Georgia'', , 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. The right to privacy to pornography is not absolute, however. For example, in ''Osborne v. Ohio'' (1990) the Supreme Court upheld a law which criminalized the mere possession of child pornography. ==History== Prior to the ''Stanley'' case, the prevailing precedent was that of ''Roth v. United States'', where obscene material was determined to be unprotected by the First Amendment right to speech. In ''Roth'', the defendant sent lewd advertisements by mail and sold ''American Aphrodite'', a magazine containing erotica and pornography.〔''Roth v. United States''〕 A California court convicted him under state law, and when Roth appealed the decision, the Supreme Court upheld the conviction. In the majority decision, written by Justice Brenann, a new test was created for determining what can be considered obscene (the Hicklin test was used since a ruling in 1857, which the Court abandoned in ''Roth''). By 1960, the sexual revolution was in full swing in the United States, and newly defined social norms clashed with the established statutory and common law of the country.〔Malhotra〕 Since the ruling in ''Roth'' in 1957, many cases in state and federal courts were determined using the case as primary justification. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Stanley v. Georgia」の詳細全文を読む スポンサード リンク
|