Parties: Ft. Wayne Books v. Indiana
Date: 1989-02-21
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Paragraph: 74 - It is nevertheless true that a host of citizens desires them N210* , that at best remote and indirect injury to third parties flows from them, and that purchasers have a constitutional right to possess them. The First Amendment thus requires the use of "sensitive tools" to regulate them. Speiser v. Randall, 357 U.S. 513, 525, 78 S.Ct. 1332, 1341, 2 L.Ed.2d 1460 (1958). Indiana's RICO/CRRA statutes arm prosecutors not with scalpels to excise obscene portions of an adult bookstore's inventory but with sickles to mow down the entire undesired use. This the First Amendment will not tolerate. " '[I]t is better to leave a few . . . noxious branches to their luxuriant growth, than, by pruning them away, to injure the vigour of those yielding the proper fruits,' " for the N211* "right to receive information and ideas, regardless of their social worth, is fundamental to our free society."
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Paragraph: 69 - The Constitution confers a right to possess even materials that are legally obscene.
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Paragraph: 69 - Because the line between protected pornographic speech and obscenity is N178* "dim and uncertain," Bantam Books, Inc. v. Sullivan, 372 U.S. 58, 66, 83 S.Ct. 631, 637, 9 L.Ed.2d 584 (1963), N179* "a State is not free to adopt whatever procedures it pleases for dealing with obscenity," Marcus v. Search Warrant, 367 U.S. 717, 731, 81 S.Ct. 1708, 1716, 6 L.Ed.2d 1127 (1961), but must employ careful procedural safeguards to assure that only those materials adjudged obscene are withdrawn from public commerce. Freedman v. Maryland, 380 U.S. 51, 85 S.Ct. 734, 13 L.Ed.2d 649 (1965); see Miller v. California, 413 U.S., at 23-24, 93 S.Ct., at 2614-2615. The Constitution confers a right to possess even materials that are legally obscene. Stanley v. Georgia, 394 U.S. 557, 89 S.Ct. 1243, 22 L.Ed.2d 542 (1969). Moreover, public interest in access to sexually explicit materials remains strong despite continuing efforts to stifle distribution.
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