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Alfred Kinsey — Part 2
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what is now 18 U.S.C. §1461 (Supp. IV) that only contra-
ceptives intended for “unlawful” use were banned.” The
circumstances of the use were thus held relevant. But"con-
traception” is a word describing a physical act, devoid of
normative connotations until modified by an adjective such
as "unlawful." "Obscene,* on the other hand, describes that
quality of an article which causes it to have a certain appeal
to the interests of the beholder.
The intent of the importer, therefore, relevant to
the contraceptive cases only because "unlawful" use alone
was proscribed, is relevant in an obscenity case”? because
of the very nature of the determination (as to the appeal of
the material to the viewer) which must be made before the
article may be deemed “obscene."
The customs barr‘er which is sought to be imposed
by this suit must be viewed in the light of the great variety
of goods permitted to enter our ports. For instance, despite
25
1936).
20 At least ir. & case such as this, where the importer
and th: .e who will have access to the material are the same
cr of .he same class and proven to have the same reaction to
the material.
United States v. One Package, 86 F.2d 737 (2d Cir.
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