Smith v. California

361 U.S. 147 (1959).

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Nature of the Case

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Facts

Smith (D) was convicted for having an obscene book in his bookshop. The state interpreted the statute to read that knowledge that the book was obscene was imputed by possession of the book. D was convicted. D appealed; the use of strict liability for the statute placed an unacceptable burden on his first amendment freedom of expression.