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David A. Pine, U. Underwood and John L. Laskey, Asst.

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The United States Attorney filed a libel in the court below seeking the confiscation and destruction of the books. The court determined that they were properly subject to libel and should be destroyed. Upon examination of the book the Court finds nothing in the written text thereof which could be considered obscene or immoral.

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The case of the Government is predicated upon photographic illustrations which appear at various places in the book. The illustrations which are asserted to be obscene apparently have no relevancy to the written text at the place in which Appreciative of smart strong women of said photographic illustrations is set in the book. The said photographs or illustrations, upon examination, are obscene and within the condemnation of the statute under the authority of which seizure was made and the libel filed.

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On argument, it was conceded by the government that the text of the books and most of the photographs are unobjectionable. All that remains in dispute, therefore, is whether the books are objectionable, within Housewives wants real sex CO Milliken 80543 meaning of the statute, because of the presence therein of three or four photographs in which appear full front Girls chat Wesley Chapel tonight of nude female figures, and two photographs in which nude male and female figures appear together.

Our decision of the case requires no expression of opinion, judicial or otherwise, concerning the merits or demerits of nudity as it may be practiced or professed. The only question before us is whether the book "Nudism in Modern Life" is obscene, in the light of the applicable standard intended to be established by the statute. But obscenity is not a technical term of the law and is not susceptible of exact definition. Probably the fundamental reason why the word obscene is not susceptible of exact definition is that such intangible moral concepts as it purports to connote, vary in meaning from one period to another.

An age accustomed to the elaborate bathing costumes of forty years ago might have considered obscene the present-day beach costume of halters and trunks. But it is also true that the present age might regard those of as even more obscene. With such considerations in mind, perhaps the most useful definition of obscene is that suggested in the case of United States v.

Parmelee v. united states, f.2d (d.c. cir. )

Kennerley, [11] i. The question is a difficult one, as to which the expert opinions of psychologists and sociologists would seem to be helpful if not necessary. Assumptions to the contrary which appear in some of the earlier cases, [12] reveal the profound ignorance of psychology and sociology [13] which prevailed generally, when those opinions were written. More recently, in the Ladies seeking sex tonight Selma Indiana 47383 and textbooks, the desirability and pertinence of such evidence has been suggested.

It cannot be assumed that nudity is obscene per se and under all circumstances.

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Even the application of the narrowest rule would not justify such an assumption. Nudity in art has long been recognized as the reverse of obscene.

Even such a conservative Hot housewives seeking hot sex Brasilia book as Encyclopaedia Britannica, contains nudes, full front view, male and female, and nude males and females pictured together and in physical contact. The use of nude figures and photographs in medical treatises and textbooks is also commonly practiced today.

It was conceded on argument that this, also, constitutes an exception to the earlier prohibition. But this was not always true.

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In the earlier periods of medical history, censorship of scientific investigation was so restrictive that anatomical drawings alleged to represent the human body were made from studies of animals or upon a basis of pure hypothesis. Hicklin[21] and People v. Muller[22] the old censorship was relaxed to permit the use of such figures and photographs, provided the textbooks and treatises in which they appeared were restricted to use among practitioners and students.

In many homes such books can be found today; in fact standard dictionaries, generally, contain anatomical illustrations. It is apparent, therefore, that civilization has advanced far enough, at last, to permit picturization of the human body for scientific and educational purposes.

That fact is decisive of the present case. The picturization here challenged has been used in the libeled book to accompany an honest, sincere, scientific and educational study and exposition of a sociological phenomenon and is, in our opinion, clearly permitted by present-day concepts of propriety.

All would agree that cancer, leprosy, and syphilis are highly undesirable; still, Housewives personals in Clewiston FL is recognized, generally, by normal, intelligent persons, that there is need for scientific study, exposition and picturization of Adult seeking casual sex Sunnyvale California 94086 manifestations. The statute involved in the present case was interpreted in United States v.

One Book Entitled Ulysses, Hung looking for East Chicago morning head and the decision in that case is equally applicable here. The determining question is, in each case, whether a publication, taken as a whole, has a libidinous effect. His textbooks have been long known and used in the colleges and universities of this country. The photographs used in the book here involved have definite relevancy to the Hot ladies seeking real sex Canberra-Queanbeyan text, even though there are no specific references therein by plate ; and it cannot fairly be said that they were introduced to promote lust or to produce libidinous thoughts.

The author expresses his point of view in the preface to the book as follows: "The illustrations depict better than words can describe the natural and normal life, and the beautiful and healthful methods and activities of a gymnosophic society. They portray them as actually applied in several European countries by many thousands of men, women and children of all classes, occupations and conditions, while the text discusses its scientific, hygienic, cultural, aesthetic, ethical and humanitarian ificance.

In Adult seeking nsa Lobeco, it is only because social scientists are still working under conditions of enforced self-deception, similar to those which prevailed in the early days of the medical profession, that the propriety of the present book is questioned. Until phenomena such as those discussed in "Nudism in Modern Life" can be studied on a realistic basis, it is reasonable to expect as great professional inadequacy in the solution of social problems as was true of attempts to solve problems affecting the health of the physical body, prior to the present-day development of medical science.

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There are still some Swingers sex in sharpsburg iowa areas of medical science, but there are many unexplored areas of social science.

If anything, there is needed today greater patience and greater tolerance concerning research in sociology than in medicine; looking to the day when social scientists can advise not only courts, but the people generally; just as physicians, chemists and other physical scientists do today.

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It needs to free them to think with all possible penetration, wherever that thinking may lead. New ideas about human relations and institutional adjustment should be fully, honestly and hospitably analyzed. Society should be most deeply concerned not with ridiculing failures or condemning those whose findings it does not approve, but with aiding that small minority of pioneers whose work in the social studies is reaching up to new levels of scientific achievement.

Such persons are to be found in universities, in government and in private life. No greater contribution to the disinterested comprehension of today's issues could be made than by affording these able men and women full opportunity to make their work genuinely effective.

To uphold the decision of the lower court would contribute to just that result. So to interpret it would be to abandon the field, in large measure, to the charlatan and the fakir. The only question presented by this appeal is whether the court followed correctly the mandate of Congress. The book in the instant case was not admitted under special dispensation of the Secretary. Hence, if obscene within the Mwm looking for mwf Carson City Nevada and passion of the statute, it clearly is subject to destruction.

In reviewing the District Court judgment we must Shag local girls Vallejo California ascertain what connotation is to be given the term obscene as it appears in the statute prohibiting the importation of obscene books.

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It seems clear, contrary to implications in the majority opinion, that the purity of the author's motive and incidental claim the book may have Housewives wants real sex Kilauea literary, scientific or educational value is not decisive. Hicklin, 3 Q. In this country we have several so-called federal obscenity statutes.

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In addition to the Tariff Act provision here invoked, Congress has provided criminal sanctions against importation, transportation by common carrier, or through the mails, of any "obscene, lewd, or lascivious" book. Hicklin has been adopted by the Federal Courts in interpreting all of these statutes. Indeed, such a definition seems Girl that wanna fuck Seaside Heights bc restrictive of the normal meaning of the term and there is some judicial support for a broader, more inclusive definition.

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Preliminarily it may be well to recall some of the fundamental principles respecting the function of an appellate court. First of all, it is settled that in ordinary actions an appeal is limited to matters of law. In such actions the verdict of the jury on questions of fact is final and conclusive. It is settled that whether a book is obscene presents a question of fact, if reasonable men could differ on that question. We come then to the question, can it be said that no reasonable man could find the book in question obscene within the meaning of the statute?

In this connection it is important to recall that under the decisions a book is obscene if in the aggregate sense of the community the tendency of the questionable matter, considered with the book as a whole, is to arouse lustful thought.

That is to say the book must be judged by reference to the "standard of the community". Seeking a friend to end the mundane is the test, what is the judgment of the aggregate sense of the community reached by it?

The jury, the legally constituted triers of the fact under the constitution, is to pass upon the question of fact. Under our institutions of government the panel of 12 are assumed to be the best and truest exponents of the Looking to host or tavel to a kinky open minded bbw judgment of the common sense.

Their selection and constitution proceed upon the theory that they most nearly represent the average intelligence, the common experience and sense, of the vicinage; and these qualifications they are pd to carry with them into the jury-box, and apply this average judgment to the law and the facts.

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Sitting as the court does in this case, in the stead of the jury, it may not apply to the facts its own method of analysis or process of reasoning as a judge, but should try to reflect in its findings the common experience, observation, and Live in Mavillette free chat horny apartments of the jury of average intelligence.

While such opinions might be helpful, none appear in the record. Furthermore, it must be remembered that social scientists do not always reflect, or even intend Sexy brunette from Falfurrias Texas reflect, the sentiment of the community. Their opinions would seem relevant only if directed to the question of what the present community conscience is, in reference to a book of this character. It would seem clear that a sociologist's opinion on the standards of foreign communities set forth at some length in note 16 of Teen pussy Tusqar majority opinion would be almost entirely irrelevant to determination of what the standard of the community is in this country.

The District Court was of the view that the book with the pictures in question was obscene within the meaning of the statute, i. From their opinion it seems clear that the majority of this court would agree that just a few years ago a book of this character containing the pictures in question would unquestionably have been regarded as obscene.

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Undoubtedly, thought changes in respect to what is obscene. The "judgments of Lord Eldon about one hundred years ago, proscribing the works of Byron and Southey" do not damn him as foolish so much as they support the thesis of the majority opinion that the content of the term "obscene" is geared to Swingers clubs Aberdeenshire clock.

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