All persons are prohibited from importing into the United States from any foreign country any obscene book, pamphlet, paper, writing, advertisement, circular, print, picture, drawing, or other representation, figure or image or any cast, instrument or other article which is obscene... The entire contents of the package, in which such articles are contained shall be subject to seizure and forfeiture... provided that the Secretary of the Treasury, may, in his discretion, admit the so-called classics or books of recognized and established literary or scientific merit where imported for non-commercial purposes.

Upon the appearance of any such matter at any customs office the same:

(a) Shall be seized.

(b) Held by the appropriate customs official to await the judgment of the District Court.

(c) A Customs Officer shall transmit information to the District Attorney of the district at which such seizure has taken place.

(d) District Attorney shall institute proceedings in the District Court for the forfeiture, confiscation, and destruction of the matter seized.

(e) Upon adjudication that the matter seized is prohibited it shall be destroyed or if not prohibited it shall not be excluded.

Federal Criminal Statute on Importation - In addition to the federal civil forfeiture statute, the criminal code provides for fines and imprisonment under Section 18 U.S.C. 1462 reading in pertinent part as follows:

Whoever brings into the United States, or any place subject to the jurisdiction thereof, or knowingly uses any express company or other common carrier, for carriage in interstate or foreign commerce

(a) any obscene, lewd, lascivious, or filthy book, pamphlet, picture, motion picture film, paper, letter, writing, print, or other matter of indecent character: or

(b) any obscene, lewd, lascivious, or filthy phonograph recording, electrical transcription, or other article or thing capable of producing sound: or

(c) any drug, medicine, article, or thing designed, adapted, or intended for producing abortion, or for any indecent or immoral use: or any written or printed card, letter, circular, book, pamphlet, advertisement, or notice of any kind giving information, directly or indirectly, where, how, or of whom, or by what means any of such mentioned articles, matters, or things may be obtained or made: shall be fined not more than $5,000 or imprisoned not more than five years, or both, for the first such offense and shall be fined not more than $10,000 or imprisoned not more than ten years, or both, for each such offense thereafter.

The Civil Forfeiture Statute is Constitutional - The Federal Government draws its authority to prohibit the importation of obscenity from the Commerce Clause. The law is not an invalid prior restraint as construed by the United States Supreme Court. It is not an invidious censorship system because it does not involve suppression before publication and, as construed, provides for prompt judicial review and determination. There is no overbreadth or vagueness, and the prohibition against importation for private use is not an invalid prior restraint. The Fourth Amendment's prohibition against unreasonable searches and seizures is not violated by this statute.

The Miller Standards Must be Applied - The burden of proving that the material is obscene is on the government, but since it is a civil suit the government need only prove this fact by a preponderance of the evidence and not beyond a reasonable doubt. The Miller standards must be applied and the "contemporary community standards" which the judge must apply are those of the Federal District in which the case is heard. The failure of law enforcement to enforce obscenity laws in the Federal District does not establish a community standard, nor does widespread availability of similar pornographic material. It is not necessary to use experts, but their testimony is permissible. Since this is an "in rem" action, scienter is irrelevant.

A Finding of Obscenity Requires That the Material be Condemned and Forfeited - The statute provides for an in rem action seeking the forfeiture and condemnation of the material.