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
This is the situation which a publisher or book seller would be up
against, if he were to consider such a thing practically. He might
think first of importing a stock of books from England, for instance
the well-known little volume by —— (the law prohibits naming it)
which is so popular over there that it is now in its ninth edition.
But the Federal law would prevent that at the very start. For the
statute reads, “Whoever shall bring or cause to be brought into
the United States from any foreign country any ... book ... giving
information directly or indirectly,” etc. He could be fined $5000 or
jailed for five years for even trying it. Well then, how about printing
a special edition for, say Illinois, to be sold only in that State?
It sounds hopeful. But just as soon as he got the book printed the
trouble would begin. For he could not mail any announcement of the
book to anyone anywhere. He could not put a single advertisement in
any newspaper or magazine, because they are mailed to subscribers, and
the Federal law prohibits all mailing. He might put the books on sale
in the larger book shops, say in Chicago, but if he did so without
having them announced or advertised, they would not sell enough to
pay for publishing. However if they were also on sale in the shops of
other cities and towns of the State the aggregate sale might be worth
while from the point of view of human welfare if not from that of the
publishers’ purse.
But even that would be impracticable because the books could not be
shipped from the bindery to any other town either by mail or by express
or freight, or by any sort of common carrier. The Federal law prohibits
all that. So there would be no way to get those books into circulation,
except for one person to tell another that they could be bought, and
for them to be transported from city to city by private vehicle or
messenger; or to advertise them by posters and handbills distributed
personally to individuals, which of course is an exorbitantly expensive
method.
The conclusion is inevitable that the only practical thing to do is to
repeal the Federal prohibition, which is the root difficulty that lies
in the way of any adequate circulation of the knowledge, anywhere in
the United States.
For a digest of the provisions of the State laws, see Appendix No. 1.
For the effect of Federal law upon State laws, see Chart Appendix No.
2.
CHAPTER II
HOW IT HAPPENED
Public-domain text, read in full here on John Shaqi.
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