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
shall not be an offense under this section, nor shall it
be an offense for established wholesale or retail dealers in drugs to
sell, lend, supply, give away, exhibit, possess, or transfer, to one
another, in the regular course of legitimate business, or to a duly
licensed physician or to another person upon the written prescription
of a duly licensed physician, any article, drug, instrument, or
thing, designed, adapted or intended for preventing conception.
Any person obtaining any such article, drug, instrument, thing, or
information in pursuance of this section may lawfully possess and use
the same.
The vital difference between this bill and the previous one lies in
the permission granted to medical publishers, and in the fact that
“reprints” from “standard medical and scientific journals” are to be
made “not non-mailable,” although they contain matter which is classed
as obscenity in the law to which this bill would add amendments. This
bill is technically much better drawn than the previous one, but while
it has filled some of the gaps in the other one—such as the provisions
regarding publishing and importing—and has ironed out some of the
absurdities, it still contains phrases like “bona-fide patient” and
“bona-fide printer or publisher” and “standard” medical works, no one
of which is defined by law. The enforcement of such a bill, if enacted
into law, would therefore be built upon shifting sands, which would
be just about as hopeless to deal with as have been the multitudinous
interpretations of “obscenity” by censors, judges and juries for
generations. What is a “bona-fide printer”? And what constitutes a
“_standard_ medical or scientific journal”? Whose standard would the
law sanction? Standards vary widely at any given moment, and from
decade to decade they vary prodigiously; indeed it is not so long ago
that it was not “standard” to relieve the suffering of childbirth—it
was not orthodox, it was “irreligious.” Perhaps there were some who
deemed it “obscene.” Laws should contain explicit terms, and not those
whose interpretation can vary so as not only to nullify the intent of
the law, but so as to result in limitless injustice to the public and
to the individuals against whom they are enforced.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account