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
Picture him then, as he sees the whole world tending to the ambition
to own at least a Ford, introducing a bill a la Comstock, which
would make it a crime to circulate any “book, pamphlet, picture,
paper, letter print or other publication” showing how automobiles
may be constructed, or any “article or thing designed, adapted or
intended” to aid in such knowledge, or “anything which is advertised
or described in a manner calculated to lead another to use or apply
it” to the making of automobiles, or “giving information directly
or indirectly how, where or of whom or by what means, any of the
hereinbefore mentioned matters, articles or things may be obtained,”
etc., etc.
And while he could he could not help witnessing the daily increase
in automobile traffic, and while he might now and then, when
unobserved, use a taxi himself when circumstances made it desirable,
he certainly would not let that mar his feeling of righteous loyalty
to his general conviction that the spread of knowledge as to the
making of automobiles ought never to be sanctioned by the laws of our
great and glorious nation.
“Blithering idiot” would be about as complimentary an epithet as such
a Congressman, if he existed, would receive from his fellow members.
But because the Comstock law deals with science pertaining to sex
instead of science pertaining to motors, some Congressmen do not
yet quite recognize the innate stupidity as well as the injustice
of any governmental attempt to put a “no admittance” sign over any
department of knowledge.
As above stated, we have 24 States in which there is a specific
prohibition of the circulation of contraceptive information or means.
Now what is the situation in the other half of the States? In all but
two of them,—North Carolina and New Mexico,—there are obscenity laws
modeled very closely upon the Federal laws, but unlike them in that
they do not mention by name the subject of contraceptive information
or means. But just because the Federal laws and the laws of half the
States do name the subject among the penalized obscenities, these
22 other States have the strongest possible legal precedent for
prosecuting, _as an obscenity_, if they so desire, the circulation of
any sort of contraceptive information whatever, as something which is
against public policy. And just because obscenity itself has never
been defined in law, but can mean all sorts of things to all manner of
officials, judges and juries, there could be nearly as much opportunity
to prosecute those who give contraceptive information in the relatively
free States as in the States which have specific prohibitions.
Public-domain text, read in full here on John Shaqi.
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