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AD 24 0-88 by ita appeal to “all those whom it is likely to reach.” “Qnited states v. Levine, 83 F.2d 156, 157 (24 Cir. 1936).29 Viewed in this light, the “average man” test is but a parti- euler application of the rule, often found in the cases only because the cases often deal with material which is distri- buted to the public at large. 15 ge chief Justice, concurring in Roth, said that *Present [obscenity] laws depend largely upon the effect that the material may have upon those who receive them. It is manifest that the same object may nave a different impact, varying according to the t of the comaunity it reached.” th_v. United States, 354 U..:. are. 495 (1957). And the charge o r udge in ‘ioth, approved by the Court, . stated the test in terms of “TI those whom [the material} is likely to reach." Id. at 490 (1957). And see United States vy. Dennett, 39 F. 20 560; 568 (2a 7 One 1930) ("those Into whose publication might fall" Inc. Vv. oad 2 1 F.2d 772, 715 (9th Cir. 1957), tiene on for cert, U.s. L. Week (U.S., July 18; effect...; : on aene reader"); Parmelee v. United States, 113 F.2d 729, 731 . Cir. 19 0) ("all those whom it {is likely to reach" li United sgerse v. Two _Opecene Books, 99 F. Supp. 760, 762 (N.B. Calif. v. United States, 208 F.2d 142 . (9th cir. 1953) (“those whens minds are open to such influences and into whose hands [the material] may fall ...."); United +epee a Goldstein, 73 F: nore. 875, 877 (D. N.J. whose ne pub foation might fall*); United States v. Males, 51 Fed. hie 3 iD. Ind. 1892) ("those Into whose hands I€ may fall"); Unitec States v. Clarke, 38 Fed._ 500, 502 (E.D. Mo. 1889) (same). CF. United States v. 4200 Copies Internationa) Journal, etc.; L . Supp. sub nom. Mounce v. United States, 2h7 Po 148 (9th. cir. 1957), petition for cert. filed, 26 U.S.L. week 3130 (v. S., October Il, 1957).