Constitutional Law—Obscenity: A Return to the First Amendment? <i>Stanley v. Georgia</i>, 394 U.S. 557 (1969)
Snowden, John R.
Abstract
I. Introduction II. The First Amendment and Governmental Power to Repress Speech III. The Old Arguments and the Stanley Rationale … 1. Obscenity Is Simply Not Constitutionally Protected, and the State Is Free to Deal with It in Any Manner … 2. The State May Repress Obscene Expression to Protect Moral Standards … 3. The State May Suppress Obscenity in an Attempt to Control Deviant Sexual Behavior or Crimes of Sexual Violence … 4. The State May Regulate in the Interest of Preventing Unwilling Exposure to Obscenity [IV]. The Implications of the Stanley Rationale [V]. Conclusion