Birth control laws : $b shall we keep them, change them, or abolish them — John Shaqi
Birth control laws : $b shall we keep them, change them, or abolish themDennett, Mary Ware
History
Birth control laws : $b shall we keep them, change them, or abolish them
Dennett, Mary Ware
Birth control; Birth control -- Law and legislation -- United States
The Federal Criminal Code contains five separate sections dealing
with the subject, as follows. They are given in sequence according to
Section numbers, not according to the date of their enactment.
_Section 102_ penalizes any government employee who aids or abets
anyone who violates the law which forbids the “importing, advertising,
dealing in, exhibiting, or sending or receiving by mail obscene or
indecent publications or representations, or means for preventing
conception or producing abortion, or other article of indecent or
immoral use or tendency.” Note the word “tendency,” and consider the
scope and power which it gives to government officials with a penchant
for suppressions.
_Section 211_, the parent of all the United States obscenity laws,
declares unmailable any information or means for preventing conception.
The prohibition is well nigh limitless in scope, for it forbids any
information whether given directly or indirectly, and even includes any
“description _calculated_ to induce or incite a person to use or apply”
any means for the prevention of conception.
_Section 245_ covers the same ground, but applies to transportation by
express or any other common carrier, from one state to another or to or
from any foreign country.
_Section 312_ applies to the District of Columbia, which is under
the direct control of Congress. It is one of the most sweeping of
all the laws. It forbids any one to lend or give away any published
information, or even to “have it in his possession for any such
purpose,” or to write where, “how or of whom” information may be
secured. Some of the extraordinary infringement of this section by
members of Congress and officials at the Capitol will be described
later in the book.
_Section 305_ of the Tariff Act of 1922 prohibits the importation from
any foreign country of any contraceptive information or means. Any such
may be “seized and forfeited.”
The maximum penalty for infringements of these Federal statutes is five
years in jail or a fine of $5000 or both.
The wording of all these laws is very similar, and like most laws
from the view-point of the layman, very repetitious and involved. It
is hardly worth while to reproduce them here in full, but it is well
for the reader to take the trouble to wade through the disagreeable
verbiage of one of them, in order to realize the essential factors in
the question under discussion. The now notorious Section 211 is the
most representative one. It is the unfortunately prolific parent of
the mass of legislation which has come to be called the Comstock laws,
because it was Anthony Comstock who saddled them on to the United
States, beginning in 1873 with this original Section 211. It reads as
follows:
Public-domain text, read in full here on John Shaqi.
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