Moore

Motion to dismiss a pending appeal. Respondent Attorney General states the problem concisely; “Appellants take this appeal from the trial court’s judgment in their favor.”

Background

Penal Code sections 313 through 313.5 make criminal the distribution of certain “harmful” materials to minors. The definition of “harmful matter” in section 313 is generally that set forth in Roth v. United States, 354 U.S. 476 [ 1 L.Ed.2d 1498 , 77 S.Ct. 1304 ] and section 311, defining obscene matter.

Section 313.1 makes it a misdemeanor for a “person who, with knowledge that a person is a minor, or who fails to exercise reasonable care in ascertaining the true age of a minor,” to knowingly distribute “any harmful matter to the minor . . . .” Section 313.3 provides that it “shall be a defense” that the act charged “was committed in aid of legitimate scientific or educational purposes.” Section 313.2 exempts from the chapter the parent or guardian of the minor.

Plaintiffs, described as “various California librarians and associations of librarians,” filed a complaint for declaratory relief against the Attorney General, seeking a declaration that the “Harmful Matter statute” is…