The police were searching
Stanley's house because they thought he might be a bookie. They didn't
find any evidence of bookmaking, but they did find a few dirty movies
Stanley had in his bedroom.
Stanley was arrested and
charged with possessing obscene
materials.
That was a crime under
Georgia law.
The Trial Court convicted
Stanley of possession of obscene
materials. He appealed.
Stanley argued that
criminalizing possession of obscene
materials is an unconstitutional violation of his 1st
Amendment right to free speech.
The US Supreme Court
overturned the conviction and found that the Georgia law was a violation
of the 1st Amendment.
The US Supreme Court
acknowledged that there is a governmental interest in fighting obscenity.
However, the Court found
that there is a fundamental right to be free, except for very limited
circumstances, from unwanted governmental intrusion into one's privacy.
"If the 1st
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."
This ruling has been narrowed
over the years. While people have a right to possess obscene materials, they do not have the right to
receive them in the mail (see United States v. Reidel (402
U.S. 351 (1971)), and you never have a right to possess child pornography
(see Osborne v. Ohio (495 U.S. 103
(1990)).
In the case of Osborne v. Ohio (495 U.S. 103 (1990)), Osborne was convicted under an Ohio law for
possession of child pornography. He appealed, claiming that the 1st
Amendment gave him the right to possess
whatever he wanted in the privacy of his own home. The US Supreme Court upheld
the conviction.
The US Supreme Court
distinguished this case from their previous ruling in Stanley v.
Georgia (394 U.S. 557 (1969)), by
saying that Stanley was in possession of obscene materials,
but those were not pictures of children.
The difference is that the
State does not have a compelling government interest in regulating the thoughts and fantasies of
people like Stanley and Osborne, but they do have a compelling
government interest in protecting
children from exploitation by destroying the market for materials made by
exploiting children.