in particular, to be objectionable, marking the same in red pencil (N.T. pp. 143-164).
9, 10, 11. URBAN NUDIST No. 7, No. 8 and 1963 Calendar, respectively. Showing nudism in the city, frequently indoors, this periodical seems to the Court particularly offensive. In addition to the over-graphic representations of female anatomy, if not gynecology, mentioned as to earlier-listed items, there is the offensive element of extremely bad -- almost grotesquely bad -- taste in the indoor scenes.
12. TODAY'S NUDIST. No. 2. This is a mixture of extremely bad taste to the point of patent offensiveness (p. 36); voluptuous models (Cover, pages 29, center spread, 37 and 45, e.g.); and overboldness in pose and detail of photographic closeups (p. 35).
13, 14 and 15. NUDIST PHOTO FIELD TRIP NO. 6; SUN ERA NO. 7; SUNSCOPE Vol. I, No. 2. These three publications, all from North Hollywood, California, are of the same order as TODAY'S NUDIST, Item #12 above. They present the same mixture of objectionable features described in Item #12, and reference to specific pages is unnecessary. They speak for themselves.
16, 17 and 18. SUN MAGAZINE, Vol. 13, No. 3; SUN ANNUAL, No. 2; SUNSHINE & HEALTH, No. 3. These three, the remaining domestic publications presented, were published by the Sunshine Publishing Co. of Mays Landing, N.J. Had they been the only exhibits, the ruling of this Court would have been different. There was testimony that this publisher is in bankruptcy (N.T. p. 299), and that its publications are valued at 4 cents each by the Referee in Bankruptcy (N.T. p. 287). It is clear that these items are of no consequence in the present proceeding.
19, 20, 21, 22, 23, 24 and 25. HELIOS #122 (Denmark); SUN & HEALTH, Sept., Oct., Nov. 1963 and 1963 ANNUAL (Denmark); SUNDECK No. 111, Aug., 1963; and GYMNOS No. 165, Oct., 1963 (West Germany). These items comprise five issues of two Danish periodicals and one each of two from West Germany. These are lesser items in plaintiff's case, since (as has already been noted in Finding of Fact No. 6 of Part I herein) more than 75% Of plaintiff's business is in the domestic publications.
These foreign publications are of a character noticeably different from that of the Hollywood type of periodical described in the first 15 exhibits. In some respects they are less objectionable than the larger, more brilliantly colored, and generally more sensational American ('Hollywood') ones. In other aspects -- with particular reference to the mass exhibitions of raw male nakedness which characterize the European products -- they may be more offensive.
The ground rules of these findings, however, are the terms on which the case was submitted by plaintiff: take them or leave them as a whole. It is with no regret, accordingly, that the Court accepts that invitation and leaves the publications (and the plaintiff) where they were at the outset of these proceedings. All the exhibits are tarred with the same brush in the present situation; these import items must be held subject to the same finding of obscenity that is incorporated in each and every separate finding of fact herein.
Now, therefore, this 12th day of August, A.D. 1964, it is the ruling of this Court, on the ground that the seized publications as shown in the foregoing Exhibits are obscene and entitled on the present record to no protection by a Court of the United States in the instant case; that the petition of Dale Book Company, Inc., Plaintiff, for Preliminary Injunction and other other relief is denied; the complaint will be dismissed, and judgment entered for defendants; and it is so ordered.
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