Stanley v. Georgia/Concurrence Black

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Stanley v. Georgia by Hugo Black
Concurrence

Mr. Justice BLACK, concurring.

I agree with the Court that the mere possession of reading matter or movie films, whether labeled obscene or not, cannot be made a crime by a State without violating the First Amendment, made applicable to the States by the Fourteenth. My reasons for this belief have been set out in many of my prior opinions, as for example, Smith v. California, 361 U.S. 147, 155, 80 S.Ct. 215, 219, 4 L.Ed.2d 205 (concurring opinion), and Ginzburg v. United States, 383 U.S. 463, 476, 86 S.Ct. 942, 950, 16 L.Ed.2d 31 (dissenting opinion).

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).