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; | _ A 2h 0-88 eo ee Nee’ could import guch materials. Indeed, the cases decided since 1930 have not 80 neld.>” The Government also raises a concursus horribiliuno, Maintaining that there a’e no worxable criteria by which the section may be administered if it is interpreted as I do today. It is probably sufficient unto this case to point out that there is no dispute in this proceeding as to the fact that there is no reasonable likelihood that the material will appeal to the prurient interest of those who will see it. But I will add that I fail to see why it should be more difficult to determine the appeal of libelled matter .2 a know group of persons than it is to determine its appeal to an hypothetical "average man, "3? The question is not whether the materials are necessary, or ' merely desirable for a particular research project. The question ; 38 See note oD supra. And see Parmelee v. United States, 113 F.2d 729, 737 ‘Ween x . :94o)s "TE cannot reasonably contended that the purpose of the pertinent statute is to pre- vent scientific research and «lucation .... 30 to interpret it would be to abandon the field, in large measure, to the charla- tan and the fakir." (footnote omitted) And see the excerpt from Ulysses quoted in note 21, supra. 39 or, noth v. Goldman, 572 ¥.24 788, 792 (24 car.) a Cig) opinion by Judge Frank}, cert. denied, 337 U.8. 1o'x9 . ts oth m2 Ps S aM