Stanley v. Georgia case brief
Stanley v. Georgia case brief LSP112
Popular in Sexual Orientation/Law
Popular in Public Relations
This 1 page Study Guide was uploaded by Blake Schlin on Friday February 13, 2015. The Study Guide belongs to LSP112 at DePaul University taught by Professor Lysik in Fall. Since its upload, it has received 364 views. For similar materials see Sexual Orientation/Law in Public Relations at DePaul University.
Reviews for Stanley v. Georgia case brief
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 02/13/15
Blake Schlin Sexual OrientationLaw Case Name Stanley v Georgia Essential Facts The defendant Robert Stanley s home was searched for evidence of bookmaking A warrant allowed officers to search the home Obscene film material was found at the scene Stanley was arrested and charged with possession of obscene material based on a Georgia statute Legal Issue Does the statute prohibiting possession of obscene material violate the federal Constitution s 1st Amendment provisions Holdings and Reasonings of the Court Originally the Supreme Court upheld the conviction of Stanley However the court overturned the decision based on the invalidation of state laws Concurring opinions by the judges led to the conclusion that obscene material in the privacy of one s home doesn39t constitute arrest The 1st 14th and 4th Amendments were used in the decision to overturn the conviction Evaluation of the Case The decision was justified There is no law that dictates what people can watchin this case pornography The 4th Amendment protects people against unreasonable intrusion and seizure Public Policy Questions Does a warrant justify the means of control over private property and possessions alike If the pornography was intended by the defendant to cause harm to otherssay homemade porn is it worthy of a conviction Concurring Opinions Justice Hugo Black provided a concurring opinion based on the 4th Amendment search and seizure provision The intent of the warrant was to look for gambling bookkeeping The pornographic evidence found was not related to the warrant Dissenting Opinions The overturned decision by Justice Marshall was unanimous However a similar case regarding the right to privacy to pornography had a different outcome In the case Osborne v Ohio the Supreme Court criminalized the possession of child pornography
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'