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REP ht agas ie A 24 0-85 could import guch materials. Indeed, the cases decided since 1930 have not g0 heia.2? / The Government also raises a concursus horribiliug, maintaining that there ae no worxable criteria by which the section may be administered if it is interpreted as I do today. It 4s probably sufficient unto this case to point out that there 18 no dispute in this proceeding as to the fact that there 4g 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 pee why it should be more difficult to determine the eppeal of libelled matter .o a known group of persons than it is to determine its appeal to an hypothetical "average man,*39 The question is not whether the materials are necessary, or merely desirable for a particular research project. The question 38 see note Oo sy ra And see Parmelee v. United States, ‘113 F.2d 729, 737 Tr. :940): "It cannot reasonal contended that the purpose of the pertinent statute is to pre- vent scientific research and «jucation .... So to interpret it would be to abandon the field, in large measure, to the cherla- tan and the fakir." (footnote omitted) and see the excerpt from Ulysses quoted in note 21, supra. 39 er. noth v. Goldman, °72 F.2d 788, 792 (24 car.) "eo" CES) opinion by Judge Frank}, cert. denied, 337 0.8. 16'9). +23 -