Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-09-18

Ttent TO sell, give away or ex-
hibit them.
THE decision Of the Supreme
Court in Roth VS.. United States
particularly as applied by that
court and other Federal courts
in a number Of subsequent
cases raises serious doubts
about the prospects for success
full prosecution Of the case
against Mr.. Gichner.
1T is now established that
the courts will define obscenity
in relation 10 the audience that
the material in question is like
/ y to reach. Material which II
exposed to the general public
would clearly appeal to the
prurient interest Of the average
person has been held not to
be obscene when the only per-
sons who have access to it are
serious scholars engaged in
scientific research.
Investigation of the circum-
stances surrounding the eXhi-
bition and distribution of the
concededly erotic material in
Mr.. Gichner's possession reveals
efforts on his part to shield the
public at large while making
the material available to those
with serious or scholarly in
terest in its subject matter.
These efforts make it unlikely
that the Government could sus-
tain its burden of proving be-
yond a reasonable doubt that
the dominant theme Of this
material appealed to the pruri-
ent interest of the limited audi
ence that viewed it.
Safeguards Cited
"Since proceedings in this
case were instituted, Mr.. Gich-
ner has agreed to adopt a num-
Der of significant safeguards for
the future disposition of his
collection and his books. He
has given all such materials to
the Gichner Foundation for
Cultural Studies, a charitable
trust established by him in 1857.
The Gichner Foundation is OBJ
ligated to turn over every item
of the trust property to the In
stitute for Sex Research. Inc, of
Indiana University within five
years of its receipt by the
foundation.
THE foundation has resolved
that during the interim period
in which the materials received
from Mr.. Gichner are in its pos
session, the materials will be
held under the strictest security
conditions for the sole use of
qualified scholars or those en-
gagged in bona fide research in
the study Of human sexual be-
havior.
Trustees Provided
1.-THE foundation has adopted
numerous measures designed to
achieve this objective. In addi-
ton, Mr.. Gichner, who is pres
emily acting as sole trustee of
the foundation, has agreed that
future decisions of the founda-
ton regarding any exhibition
or distribution of the trust
property shall be controlled by
three trustees. These trustees
shall be Mr.. Gichner and two
other appropriate persons, one
of whom will be appointed by
the chief judge of the Munich
pal Court and one by the United
States Attorney for the District
of Columbia.
In view of the fact that a
successful prosecution is I'M
likely and that the substantial
steps recently agreed to by Mr..
Gichner assure strict control
over future use of the mate
rails and sales of the books in
Question. further proceedings
in this case do not appear to
be in the public interest. Ac-
cordingly. the United States
under the terms of its under
standing with Mr.. Gichner will
in the near future appoint an
appropriate person to serve as
trustee of the Gichner Founda-
ton and has asked the Chief
Judge of the Municipal Court
VVYVVW