The Films in the Desk

Federal and state agents got a warrant to search a man's home for evidence of illegal bookmaking. In a desk drawer in his bedroom they found three reels of 8mm film. They set up his projector, watched the films in another room, decided they were obscene, and arrested him. He was convicted of knowingly possessing obscene matter. State law made mere possession a crime; there was no claim he sold or showed the films to anyone. He argues the state cannot punish what a person watches in his own home.