After Baird was convicted, an appeal resulted in partial overturn by the , which concluded that the lectures were covered by protections. However, the court affirmed the conviction under contraceptive distribution laws. Baird filed a petition for a federal , which was refused by the court. the dismissal and the action with directions to grant the writ, and dismiss the charge, reasoning that the Massachusetts law infringed on fundamental of unmarried couples as guaranteed by the Due Process Clause of the Fourteenth Amendment. This ruling was then appealed to the United States Supreme Court, by Sheriff Eisenstadt, who had prosecuted the case, on the ground that Baird lacked to appeal, being neither an authorized distributor under the statute nor a single person.


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