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Private Morality and the Right to Be Free: The Thrust of Stanley v. Georgia

Abstract

Arguing that Stanley stands for more than its narrow holding that a state cannot constitutionally make criminal the private possession of obscene materials, the writer contends that the Supreme Court has in this case significantly strengthened a constitutional right to privacy. The philosophical implications of the "thrust of Stanley" are examined as well as its impact on existing law in the areas of obscenity regulation, sex crimes, and other governmental regulation of private morality.

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11 Ariz. L. Rev. 731 (1969)

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