Brief Fact Summary. The Petitioner, Stanley’s (Petitioner) home was being searched for evidence of bookmaking when officers found obscene films.
Synopsis of Rule of Law. Mere possession of obscenity is not punishable under the United States Constitution (Constitution).
As to what is to be taken, nothing is left to the discretion of the officer executing the warrant.View Full Point of Law
Issue. Does this law prohibiting possession of obscenity violate the First Amendment of the Constitution?
Held. Yes. The Constitution prohibits making mere possession a crime.
Discussion. The government is not allowed to dictate to people what they will and will not read, watch or enjoy. The Constitution strictly protects an individual from such unwarranted intrusion and control.