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This section contains the nature of the case and procedural background.

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.

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Legal analysis from Dean's Law Dictionary will be displayed here.