Kathleen L. Eckstein, Administratrix of the Estate of Harry J. Eckstein, Jr. v. Kenneth E. Melson

OPINION

FRANK A. KAUFMAN, Senior District Judge:

Kathleen Eckstein, plaintiff-appellant in the within case, appeals from the dismissal of certain of her claims pursuant to Fed. R.Civ.P. 12(b)(6) by U.S. District Judge T.S. Ellis, III. Eckstein alleges that the federal obscenity statute, 18 U.S.C. § 1460 et seq., particularly 18 U.S.C. § 1466, is unconstitutional under the First and Fifth Amendments. 1 For the reasons to be stated infra, we affirm the district court’s dismissal of Eckstein’s claims.

I

Eckstein owns and operates the Book N’ Card Bookstore located in Falls Church, Virginia. 2 Until…