Jem 400 Case Brief

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Stanley v. Georgia, 394 U.S. 557 FACTS: Under the authority of the law a search warrant in regards to alleged bookmarking was given to legal officers to search the home of Stanley. Agents entered into the residence and found little amount of evident regarding the bookmarking activity. Before officers exited the house the found several reels of film, which were reviewed in the home of Stanley on a projected that officers found upstairs. The conclusion of the review constituted that the films were obscene, which led to the several films being seized. Stanley was later tried and convicted under the Georgia law prohibiting the possession of obscene materials. QUESTION: Did the Georgia government infringe on the freedom of rights and expression towards Stanley that are protected by the First Amendment? DECISION: Stanley received 9 votes from the Judges and 0 against him due to the fact the state of Georgia violated the First Amendment. Reasoning: A State does not hold any rights toward the control of men’s minds. The Constitution provides the right to be let alone, meaning Government cannot interfere or control what a person does in his or her own home. The appellant had acquired the reels of film for personal use and did not duplicate nor distribute copies of the film. The State Georgia tried to rebuttal with the reasoning that they were trying to protect Stanley’s mind from obscenity, but these actions were not in sound with the rights of the First Amendment. LIST YOUR SOURCES HERE: STANLEY v. GEORGIA. Law Project at IIT Chicago-Kent College of Law. 9 September 2012. Tweeter, Jr., Dwight, and Bill Loving. Law of Mass Communications. 12. Thomas Reuters, 2008. Print.

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