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pers was then published by Beacon Press of Boston. I represented Beacon Press and, subsequently, Senator Gravel in litigation that eventually went to the United States Supreme Court. I also conferred with my teacher and dear friend Alexander Bickel, who was lead counsel for the Times in the Pentagon Papers case. Our cases shared
h respect to public distribution in the full sense, and that restricted distribution, adequately controlled, is no longer to be condemned. If a rich Stanley can view a film, or read a book, in his home, a poorer Stanley should be free to visit a protected theater or library. We see no reason for saying he
se we assume that the film is obscene by standards currently applied by the Massachusetts courts. He then went on to discuss the implications of the Stanley decision, which the prosecutor had argued was “irrelevant” to this case and which, at the beginning of my argument, thought was not relevant to movie
tered on FLSD Docket 11/02/2009 Page 10 of 24 4 The United States Supreme Court has expressly encompassed the innocent citizen as
8,454, 92 S.Ct. 1029, 1038, at fn. 10 (1972): In Stanley. 394 U.S., at 564, 89 S.Ct., at 1247, the Court s
e others third-party privacy rights. As noted by the United States Supreme Court in Eisenstadt v. Baird, 405 U.S. 438, 454, 92 S.C
454, 92 S.Ct. 1029, 1038, at fn. 10 (1972): In Stanley, 394 U.S., at 564, 89 S.Ct., at 1247, the Court s
ld support a criminal conviction, but even if "the responses would merely 'provide a lead or clue' to evidence having a tendency to incriminate."). The United States Supreme Court has made clear that the scope of the Fifth Amendment Privilege also encompasses the circumstance where "the act of producing documents in response
specified requests. As noted by the United States Supreme Court in Eisenstadt v. Baird, 405 U.S. 438,454, 92 S.Ct. 1029, 1038, at fn. 10 (1972): In Stanley, 394 U.S., at 564, 89 S.Ct., at 1247, the Court stated:'(A)lso fundamental is the right to be free, except in very limited circumstances, from unwa
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