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Alfred Kinsey — Part 2
Page 19
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Li ap 24 0-88
Material is obscene if it makes a certain appeal to
the viewer. It is not gufficient that the material be "merely
coarse, Vulgar, or indecent in the popular sense of those terms."
United States v. Males, 51 Fed. 41, 43 (D. Ind. 1892) .22 Its
Note 11 - cont'd
rovisions now found in 19 U.8.C. §1305(a) (1952) and 18 ¥.8.C.
eho (Supp. IV) "were part of a continuous scheme to suppress
immoral articles and obscene literature and should so far as
possible be construed together and consistently." United States
v. One Package, 86 F.2d 737, 739 (2d Cir. 1936). The Government
urges, wever, that the audience to which the material is directed
4s relevant in a criminal prosecution under 18 U,8.C. §1461 (Supp.
IV) since it bears on the cuestion of criminal intent, but not in
a libel under 19 U.S.C. §1305(a) (1952) since intent is not there
@ factor. To the extent, if any, that the One Package decision
Goes not answer this contention, it is answered by the requirement
of Roth that obscenity statutes be construed as narrowly as is
possible to effectuate their -urpose without impinging on other
interests. "The fundamental ‘‘reedoms of speech and press have
eontributed greatly to the development and well-being of our free
society and are indispensable to ite continued growth. Ceaseless
vigilance is the watchword to prevent their erosion by Congress
or by the States. The door berring federal and state intrusion
into this area cannot be left ajar; it must be kept tightly
@losed and opened only the slightest crack necessary to prevent
encroachment upon more important interests." Roth v. United
States, 394 U.8. &76, 488 (1957). (footnotes omitted). And see 3
note
12 see also Swear nv, United States, 161 U.$. 446,
&50-) (1896); ean V. Waited States, 58 ¥. 24 128 (9th Cir.),
cert. denied, oot U.3. 863 (1931); United States v. Wroblenski,
318 Ved. $9 E.D. Wis. 1902); ef. United States v. Limehouse,
285 U.3. 428 (1932). —s
O, Afra, and text at footnote 26, infra.
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