STANLEY V. GEORGIA 394 U.S. 557 (1969) CASE BRIEF

STANLEY V. GEORGIA
394 U.S. 557 (1969)
NATURE OF THE CASE: This was an appeal from the knowing possession of obscene materials.
FACTS: A search warrant for alleged bookmaking activities was obtained and during the execution of that warrant the officers found three reels of eight-millimeter film. Using a projector and screen found in an upstairs living room, they viewed the films. The officers concluded that they were obscene and seized them. Since appellant occupied the bedroom, he was charged with possession of obscene matter and placed under arrest. He was later indicted for 'knowingly having possession of . . . obscene matter' in violation of Georgia law. Appellant was tried before a jury and convicted. The Supreme Court of Georgia affirmed. D challenged the statute claiming private possession of obscene materials cannot be prohibited. P claimed that under Roth a state may ban all possession of obscene materials as they promote rape and deviance.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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