Whoever knowingly transports in interstate or foreign commerce for the purpose of sale or distribution any obscene... book, pamphlet, picture, film, paper, letter, writing, print, silhouette, drawing, figure, image, cast, phonograph recording, electrical transcription or other article capable of producing sound or any other matter of indecent or immoral character shall be fined not more than $5,000 or imprisoned not more than five years or both. The transportation... of two or more copies of any publication or two or more of any article of the character described above, or a combined total of five such publications and articles, shall create a presumption that such publications or articles are intended for sale or distribution, but such presumption shall be rebuttable. When any person is convicted of a violation of this act, the court... may in addition... order the confiscation... of such items...

Governmental Justification - The government has a legitimate interest in protecting the public commercial environment to permit the proscription of obscenity in the stream of commerce and such proscription does not curtail state rights.

The Statute is Neither Vague nor Overbroad - The statute is not void for vagueness nor is it overbroad. Whatever the scope of the right to receive, it is not broad enough to immunize the distributor. There is a right to possess obscenity in the privacy of one's home, but no right to acquire it nor is there any doctrine of "consenting adults" in the obscenity field.

Scienter - It is not necessary that the accused have exact knowledge that the material transported is obscene. It is enough if he or she has general knowledge of the sexually oriented nature and character of the material.

Other Elements of Crime - Since the obscenity of the materials is the essential part of the crime, the government must charge and prove this element, but failure to do so does not bar a charge for conspiracy to commit the crime.