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Alfred Kinsey — Part 2
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die not whether the fruits of the research will be valuable
to society.” The Tariff Act of 1930 provides no warrant
for either customs officials or this court to sit in review
of the decisions of scholars as to the bypathsa of learning
upon which they shall tread. The question ia solely whether,
as to those persons who wili see the libelled material, there
ie a reasonable probability that it will appeal to their
40 all ideas having even the slightest redeeming social
A4mportance -- unorthodox ideas, controversial ideas, even
ideas hateful to the prevailing climate of opinion -- have the
full protection of the [Constitutional ; guaranties, unless
excludable because they encroach upon the limited area of more
amportant interests. But implicit in the history of the First
Amendment is the rejection of obscenity as utterly without
Pedeeming social importance.
*,.. Sex, a great and mysterious motive force in human
iife, Bas indisputably been a subject of absorbing interest to
mankind through the ages; it is one of the vital problems of
human interest and public concern." Roth v. United States,
Pan U.8. 476, 484, (1957) (footnote omitted). I believe
t the statement above quoted eoncerning the rejection of
sbeoent ty must be interpreted in the light of the widespread
‘@istribution of the material in Roth. While I do not reach
the Constitutional issues posed by claimant in this case I
may mote that, since it is taker as proved in this ease that
the libelled material will not, in all probability, appeal to
the prurient interest of those into whose hands it will come,
Z eannot comeive of any interest which Congress might have
antended to protect by prohibiting the importation of the
material by the claimant.
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