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 case was taken to Court, and the decision of Judge Harry M. Fisher
of the Circuit Court of Cook County was in favor of granting a license
to the Clinic. But the opposition appealed the case. The decision of
the higher court in March, 1924, was that the granting of a license
was entirely within the discretion of the Health Commissioner. There
could hardly be a clearer instance showing the influence of the
precedent which the Federal law affords, to suppress contraceptive
knowledge in States which have no law against the giving of verbal
personal instructions. Had there been no legal precedent outside of
Illinois, in the absence of any suppressive law within the State, the
Health Commissioner would have had no basis for his action except his
personal opinion. That alone would, in all probability, not have been
deemed sufficient basis for suppressing the Clinic. However, as it was
only because the Clinic was to give _free_ service that it required
a license, the charging of a small fee enabled the same people to
arrange for the same clinical service under the name “Medical Center,”
and two of these are now operating in Chicago with marked success.
Shorn thus of his opportunity to suppress this service through his
licensing power, the Health Commissioner apparently does not consider
it worth while to institute proceedings against the Medical Center, as
he still might do if he wished to press the Federal precedent into use
again,—especially as the report of the first year’s work of the two
medical centers has now been published. (The substance of this report
is given in Appendix No. 3,—expurgated sufficiently to avoid making
this book “unmailable” under Section 211 of the Federal Criminal Code.)
The question has often been asked why publishers do not sell books on
scientific contraceptive methods, in the 24 States where there are no
local laws to forbid it. There is great demand for such books, and the
present secret way of circulating the relatively few authoritative ones
in existence is most inadequate for the people’s need. As there are
nearly 50,000,000 people in these 24 States, why not give them what
they need and want now, without waiting for the slow and uncertain
action of Congress in repealing the Federal prohibition? The answer is
very illuminating.
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