norml21 - Page 37
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adversely affect the reputations of defendants, failure to close
such a hearing for the purpose of determining probable cause
would constitute a violation of defendant's Ninth Amendment right
to privacyl Ho_er v. _, 282 Fo Supp. 624 (D.C_ Ariz.
1968).
In 1969, the United States Supreme Court, in St_I_91Ci
George, 394 U_S 557, 89 S. Ct. 1243, 22 Lo Ed°2d 542 (1969) held
that the categorization of films as obscene was insufficient
justification for a drastic invasion of the privacy of one's home
for mere possession. The Court stated:
If the First Amendment means anything, it
means that a state has no business telling a
manf sitting alone in his own house, what
books he may read or what films he may watch.
Our whole constitutional heritage rebels at
the though of giving government the power to
control men's minds°° .The line b__tween th____9
trr_mls, ioI: of id_-s and the ei_tertainment
is much too elusive for this Co_urt to draw,
if indeed such a line can be drawn at all.
394 U.S. at 565-566 (emphasis added).
Although not a trace of Ninth Amendment consideration by the
Court may be inferred by this decisiong the federal district
court in United States v. B 6 H Di_tributii_, 319 F. Suppo
1231 (WoD° Wisco 1970) held unconstitutional as violative of the
First (speech) and Ninth (privacy) Amendments, a state statute
prohibiting unlawful transportation of obscene materials in
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