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
It leaves the control of conception still classed with obscenity but
makes the information or means mailable under certain limitations, or
as the bill puts it, makes them “not non-mailable.” The Cummins-Vaile
bill entirely removes the subject, per se, from all legal connections
with obscenity. The article in the Birth Control Review announcing the
bill makes no mention of the fact that the proposed new bill leaves
the subject still classed with indecency. Great emphasis is laid upon
the advantages of making the doctors free to give the information, but
nothing is said about the fact that while the bill would permit the
doctor to dispense the obscene information without penalty, the person
who received it could not send that same information to anyone else
without being criminally indecent.
This is frankly a “doctors only” bill of a most extreme sort, as
it would not only render illegal for circulation all contraceptive
information or means except such as were obtained personally from a
physician or on his direct prescription, but would create a complete
medical monopoly of the dispensing of the information; would give
doctors an economic privilege denied to anyone else; would treat
this one phase of science as no other is treated, that is, make
it inaccessible to the public, except as doled out via a doctor’s
prescription, as if the need for the knowledge were a disease. It is
the greatest possible contrast to the Cummins-Vaile Bill which requires
medical certification of methods, but creates no medical monopoly to
teach or sell, and which frees this item of science so it can take its
place in the world of science, like any other phase of hygiene.
The editor of the Birth Control Review sets forth the reasons for
preferring fences to freedom as follows:
The American Birth Control League, from its inception, has set itself
against the indiscriminate dissemination of so-called Birth Control
information. It holds that responsible controlled motherhood can only
be attained if women first receive practical scientific education
in the means of Birth Control. Scientific education implies the
individual treatment of each woman according to her physiological
needs, and this is impossible if she depends on advertisements or
printed matter which may or may not have been written with a thorough
knowledge of anatomy and physiology, of the biological factors in
conception, and of the nature and action of drugs and medicines.
The implication seems to be that the repeal of the Federal ban would
release _only_ unreliable information, whereas it would likewise
release all the best and most authoritative information. All knowledge
has to compete with ignorance, and no laws can prevent the struggle.
What knowledge needs is an open field in which to make its effort to
overcome ignorance.
Public-domain text, read in full here on John Shaqi.
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