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· 12/14/1971

Wilhoit v. United States

Citations

  • 404 U.S. 994
  • 92 S. Ct. 538

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that Stanley’s tolerance of obscenity within the privacy of the home created no “correlative right to receive it, transport it, or distribute it”
  • holding that Stanley’s right to private possession of obscene material does not give rise to an independent First Amendment right to transport such materials in interstate commerce
  • noting that 18 U.S.C. § 1462 prohibits transportation of obscene material in interstate commerce
  • recognizing Stanley has firmly established the right to possess obscene material in the privacy of the home but rejecting the argument that Stanley creates a correlative right to receive, transport, or distribute obscene materials in interstate commerce
  • upholding prohibition of transportation in interstate commerce of obscene materials by common carrier, whether for private or commercial purposes
  • rejecting “the idea that some zone of constitutionally protected privacy follows such material when it is moved outside the home area protected by Stanley ”

Source: CourtListener parenthetical corpus (CC0).

Judges: Douglas, Granted, Set, Should

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.