Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: dread78645
"The 'action' is against the law, not the image."

So what you are saying is there is NO such thing as obscenity or vulgarity; voyeurism of a sex-murder is perfectly ok as long as the viewer has not participated; And let those 10 years olds help themselves to images of Hustler magazine...

The ghost of Caligula lives...

109 posted on 04/24/2002 11:11:24 PM PDT by F16Fighter
[ Post Reply | Private Reply | To 82 | View Replies ]


To: F16Fighter
So what you are saying is there is NO such thing as obscenity or vulgarity ...

No, obscenity and vulgarity does exist. but it's not unlawful to possess. STANLEY v. GEORGIA

"Appellant raises several challenges to the validity of his conviction. 2 We find it necessary to consider only one. Appellant argues here, and argued below, that the Georgia obscenity statute, insofar as it punishes mere private possession of obscene matter, violates the First Amendment, as made applicable to the States by the Fourteenth Amendment. For reasons set forth below, we agree that the mere private possession of obscene matter cannot constitutionally be made a crime."

" These are the rights that appellant is asserting in the case before us. He is asserting the right to read or observe what he pleases - the right to satisfy his intellectual and emotional needs in the privacy of his own home. He is asserting the right to be free from state inquiry into the contents of his library. Georgia contends that appellant does not have these rights, that there are certain types of materials that the individual may not read or even possess. Georgia justifies this assertion by arguing that the films in the present case are obscene. But we think that mere categorization of these films as "obscene" is insufficient justification for such a drastic invasion of personal liberties guaranteed by the First and Fourteenth Amendments. Whatever may be the justifications for other statutes regulating obscenity, we do not think they reach into the privacy of one's own home. If the First Amendment means anything, it means that a State has no business telling a man, sitting alone in his own house, what books he may read or what films he may watch. Our whole constitutional heritage rebels at the thought of giving government the power to control men's minds."

" And yet, in the face of these traditional notions of individual liberty, Georgia asserts the right to protect the individual's mind from the effects of obscenity. We are not certain that this argument amounts to anything more than the assertion that the State has the right to control the moral content of a person's thoughts."

" Finally, we are faced with the argument that prohibition of possession of obscene materials is a necessary incident to statutory schemes prohibiting distribution. That argument is based on alleged difficulties of proving an intent to distribute or in producing evidence of actual distribution. We are not convinced that such difficulties [394 U.S. 557, 568] exist, but even if they did we do not think that they would justify infringement of the individual's right to read or observe what he pleases. Because that right is so fundamental to our scheme of individual liberty, its restriction may not be justified by the need to ease the administration of otherwise valid criminal laws. See Smith v. California, 361 U.S. 147 (1959)."

"We hold that the First and Fourteenth Amendments prohibit making mere private possession of obscene material a crime. 11 Roth and the cases following that decision are not impaired by today's holding. As we have said, the States retain broad power to regulate obscenity; that power simply does not extend to mere possession by the individual in the privacy of his own home. Accordingly, the judgment of the court below is reversed and the case is remanded for proceedings not inconsistent with this opinion.
It is so ordered."

114 posted on 04/25/2002 12:50:54 AM PDT by dread78645
[ Post Reply | Private Reply | To 109 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson