pictures can be obscene.

The most important of the 1973 decisions was the Miller case, which resulted in the Court's setting guidelines for the term "obscenity." In Miller v. California, 413 U.S. 15 (1973), the Court stated: "The basic guidelines for the trier of fact must be: (a) whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest, (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value." The Court set forth the following examples of what a state statute could define for regulation under part (b) of the standard set forth above: (a) patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, and (b) patently offensive representations or descriptions of masturbation, excretory functions and lewd exhibition of the

genitals.

Also, similar federal guidelines were set down in the United States V 12 200 Ft. Reels of Super 8mm Film, 413 U.S. 123 (1973). The Court stated that for purposes of the federal statutes the court was prepared to construe prong (b) of the test to encompass the conduct set forth as examples in the Miller case. Therefore, a proper statement of the test for obscenity in federal cases would be as follows: (a) whether the average

person, applying contemporary standards, would find that the work, taken as a whole, appeals to the prurient interest; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct including, but not limited to, representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, or representations or descriptions of masturbation, excretory functions, or lewd exhibition of the genitals, and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

The most recent Supreme Court decision regarding obscenity was the William Pinkus, dba "Rosslyn News Company" and Kamera v. United States decided on May 23, 1978. This case established guidelines for a definition of the "community" by whose standards obscenity was to be judged, the court held that children are not to be included as part of the "community" as that term relates to the "obscene materials" proscribed by 18 U.S.C. S1461, and hence it was error to instruct the jury that children are part of the relevant community. A jury conscientiously striving to define such community, the "average person" by whose standards obscenity is to be judged, might very well reach a much lower "average" when children are part of that equation than it would if it restricted its consideration to the effect of allegedly obscene materials on adults. However, inclusion of "sensitive persons" in the charge advising the jury of whom the community consists was not an error. In the context of this case, the community

includes all adults who compose it, and a jury can consider them all in determining the relevant community standards. Nothing prevents a court from giving an instruction on prurient appeal to juries as part of an instruction pertaining to appeal to the

average person.

The pandering instruction, which permitted the jury to consider the touting descriptions in the advertising brochures, along with the materials themselves, to determine whether the materials were intended to appeal to the recipient's prurient interest or, whether they were commercial exploitation of erotica-solely for the sake of their prurient appeal. The tracing of these rulings clearly indicate the difficult task faced by the courts. On one hand, the delicate issues of constitutionality have to be met; and on the other, society demands protection, in areas of obscenity. enforcement are equally difficult. Unlike most other crimes where the elements of the offense are spelled out quite vividly, in obscenity matters that is not the case. There is no way for police to know if a crime is being or has been committed because they have no way of knowing what a community will regard as

obscene.

The problems of law

1. NATIONAL DISTRIBUTION (CHART A)

Numerous pornography producers/distributors are identi

fied in this investigation.

The following is a summary of

national suppliers throughout the United States.

Parliament News Company, Chatsworth, California appears to be one of the most prominent distributors in California and the company has been identified as distributing to: Sovereign News Company, Cleveland, Ohio; Canyon News Company, Glendale, Arizona; Rivergate News Company, New Orleans, Louisiana; Bon Jay Sales, Baltimore, Maryland; and Help Publishers & Distributors, Inc., Harvey's Lake,

Pennsylvania.

Sovereign News Company, Cleveland, Ohio receives pornographic material from nationwide sources including Parliament News Company, Chatsworth, California; Star Distributing, Ltd., New York, New York; Stardust Enterprises, Pennsauken, New Jersey; and Peachtree National Distributors, Atlanta, Georgia. In return, Sovereign News Company distributes to: Royal News Company, Romulus, Michigan; Sun Dial News Company, Denver, Colorado; Canyon News Company, Glendale, Arizona; Capitol News Company, Chicago, Illinois; Noble News Company, Baltimore, Maryland; Century Sales, Pennsauken, New Jersey (formerly Crown News Company, Camden, New Jersey); Imperial News Company, Depew, New York; Castle News Company, Butler, Wisconsin; Majestic News Company, Pittsburg, Pennsylvania; Automatic Enterprises

and Atlantic Magazine Company, Washington, D.C.

Star Distributing, Ltd., New York, New York, supplies

pornographic material to Joe P.

Enterprises, Boston,

Massachusetts; Help Publishers and Distributors, Inc., Harvey's Lake, Pennsylvania; Century Sales, Pennsauken, New Jersey; Bon Jay Sales and Noble News Company of Baltimore, Maryland; Peachtree National Distributors, Atlanta, Georgia; Florida Periodicals, Tampa, Florida; Rivergate News Agency, New Orleans, Louisiana; and the Distributor System of Texas, Fort Worth, Texas.

Crown News Company (name changed to Century Sales), Pennsauken, New Jersey has been identified as supplying Help Publishers and Distributors, Harvey's Lake, Pennsylvania.

Bon Jay Sales, Baltimore, Maryland distributes pornographic material to Atlantic Books Distributors, Providence, Rhode Island, who in turn distributes Magazine Agency, Minneapolis, Minnesota.

to

Peachtree National Distributors, Atlanta, Georgia supplies Century Sales (Crown News Company), Pennsauken, New Jersey; Carolina Books Distributors, Raleigh, North Carolina; Florida Periodicals, Inc., Tampa, Florida; Sovereign News Company, Cleveland, Ohio; All Star News Agency, St. Louis, Missouri; Castle of Arcades, Lawton, Oklahoma; Satellite News, Biloxi, Mississippi; Star News, Biloxi, Mississippi; Rivergate News Company, New Orleans, Louisiana; and Satallite News Agency, Inc., Houston, Texas.