Parties: Maryland v. Macon
Date: 1985-06-17
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Paragraph: 16 - "The use by government of the power of search and seizure as an adjunct to a system for the suppression of objectionable publications is not new." Marcus v. Search Warrants, 367 U.S. 717, 724, 81 S.Ct. 1708, 1712, 6 L.Ed.2d 1127 (1961). "The Bill of Rights was fashioned against the background of knowledge that unrestricted power of search and seizure could also be an instrument for stifling liberty of expression." Id., at 729, 81 S.Ct., at 1714. See also Stanford v. Texas, 379 U.S. 476, 481-485, 85 S.Ct. 506, 509-512, 13 L.Ed.2d 431 (1965). Thus in enforcing the Fourth Amendment's command, courts must exercise a "scrupulous exactitude" to ensure that official use of the power to search and seize poses no threat to the liberty of expression. Id., at 485, 85 S.Ct., at 511. In the words of THE CHIEF JUSTICE, "[t]he setting of the bookstore or the commercial theater, each presumptively under the protection of the First Amendment, invokes such Fourth Amendment . . . requirements because we examine what is 'unreasonable' in light of the values of freedom of expression."
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Paragraph: 23 - The Court's endorsement of the government's abuse of the arrest power as a means to enforce norms of taste in written and visual forms of expression is disquieting in its own right because the consequence inevitably will be suppression of protected nonobscene expression.
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