◆ SpookStack

by its appeal to “all those whom it is likely to reach.” Gaited states v. Levine, 83 P.24 156, 157 (24 Cir. 1936).2° Viewed in this light, the “average man" test is but a parti- euler application of the rule, often found in the cases only because the cases often deal with material which is distri- buted to the public at large. 15 fhe Chief Justice, concurring in Roth, said that *present [obscenity] laws depend largely upon the effect that the material may have upon those who receive them. It is manifest that the same object may have a different impact, varying according to the t of the community it reached." th v. United States, 358 U.::. 476, 495 (1957). And the 6 ) r: fudge in doth, approved by the Court, . stated the test in teres of “iI those whom [the material) is likely to reac echt Id. at tate (1957). And see United States 2a abe 1930) ("those into whose ¥. Dennett, 39 F. 2d a publ’ Jation night f - Vv. Olesen, P.2d 772, 715 (9th Cir. 57) pelicton‘Tor-certa ited, 2 ‘or cert, 38. L. Week U.S., July 18, ees UY reader"); eras ige ra United States, 3 F. 2a 729, 731 cir. 49 4) @ likely to reach" li ted tates v. Two “obscene * pooks, 99 F. Supp. 760, 762 ars aff'd sub nom. Besig v. United States, 208 F.2d 142 (9th Cir. 1953) ("those whose are open to such influences and into whose hands [the material) may fall ...."); United fates v. Goldstein, 73 F. ,SuPP. 875, 877 (D. N.J. whose me pub! lication might fall"); United States v. Males, 51 Fed. ine 3 {D. Ind. 1892) ("those may fall"); Unitec States v. Clarke, 38 Ped._ 500, “502 (B.D. Mo. 1839) (sane) | EE pened State States v. 4200 Copies Entcrnatione} Journal, ete., i: sub nom. Mounce v United states, 247 Po 148 (th cir. YO57), petition for cert. filed, oo U.S.L. week 3130 (v. 8., ootober II, 1957]. 5