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& to be anyone to whom the appeal would be other than prurient, or that in a case of widespread distribution the material was of such a nature that its appeal to the average person must be held, as a matter of law, to be prurient. It should be obvious that obscenity must be judged by the material's appeal to somebody, For what is obscenity to one person is but a _ Subject of scientific inquiry to another. And, of course, the pubstitution, required by Roth’ of the “average person" test (in cases of widespread distribution) for the test according to the effect upon one of particular susceptibility, is a matter of Getermining the person according to whom the appeal of the material is to be judged. Once it is admitted that the material's appeal to some person, or group of persons, must be used as the standard by which to gauge obscenity, I believe that the cases teach that, in a case such as this, the appeal to be probed is that to the people for whom, and for whom | alone, the material will be available. It is possible, instead of holding that the waterial _ 4s not obscene in the hands of the persons who will have access to it, to apeak of a conditional privilege in favor of scien- ¢iste and scholars, to import material which would be obscene in the hands of the average person. >> I find it unnecessary _ 31 gee footnotes 14, 20, supra. . | $2 goth vy. pntted states, 354 0.8. 476, 888-9 (1957). 33 see note 30, supra. - : wo.