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Preserve the right to be let alone.

By Marks & Katz, LLC

Stanley v. Georgia, 394 U.S. 557 (1969), was one of my favorite Supreme Court cases from my law school case books. The majority opinion, penned by Justice Thurgood Marshall, reversed an obscenity conviction where the conviction was based on the possession of allegedly obscene materials in the defendant's home. Stanley quotes the following magnificent dissenting passage from Justice Brandeis in Olmstead:  "'The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man's spiritual nature, of his feelings and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations...continue to full post

Full post as published by Underdog on March 09, 2009 (boomark / email).