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
At the time of this Hearing (January, 1922), Senator Stanley was not
on the Judiciary Committee but he was so interested in preserving the
right of free press from further encroachment that he appeared at the
Hearing as an opponent of the bill, and as a pleader for fundamental
liberty. At present, however, he is a member of the Judiciary
Committee, with the best of opportunities to make his convictions
count effectively for the Cummins-Vaile Bill, in which precisely the
same principle is at stake, namely, the freedom of the press and the
right of the individual to have access to knowledge.
The V. P. L. Director was originally indebted to Senator Borah for
her copy of the report of this Hearing. He has never faltered in his
opposition to the principle of censorship. And Senator Sterling,
the Chairman before whom this Hearing was held, was already at that
time committed to support of the Cummins-Vaile Bill. He gave his word
that he would work for the Bill in the Judiciary Committee and on the
floor of the Senate.
In the 113 pages of the Report of the two Hearings on the bill to
exclude gambling information from the mails, there are many more
analogies to the principle involved in the Cummins-Vaile Bill than
there is room to recount, so the excerpts below are only samples.
At the very start there is similarity of circumstance. At the first
Hearing Senator Stanley spoke “especially of the section that
was added in the last hour of debate, about which I am advised
comparatively few members of Congress knew anything at the time
of its passage.” That the House should have inadvertently passed
a measure on the strength of its moral sounding aim, but which
contained an unwarranted suppression of constitutional rights is
exactly what happened in 1873, when the Comstock bill was hastily
passed, aimed at obscenity, just as this bill was aimed at gambling,
but blundering into suppression not only of crime, but of freedom.
_Sen. Stanley_ (speaking on behalf of representatives of the chief
metropolitan newspapers): “These great papers wish an opportunity to
show that the gambling evil is not best remedied—especially by a
government of delegated powers—by an unwarranted restriction of the
freedom of the press or the freedom of speech.”
(Similarly, the abuse of contraceptive information is not to be
remedied by laws forbidding access to that information. Ed.)
_Sen. Stanley_ (at the second Hearing): “Despotic governments
have always viewed and always will view freedom of speech with
apprehension and alarm. When you have placed a censorship or
arbitrary inhibition or prohibition upon either the freedom of speech
or the freedom of the press, you have not invaded one constitutional
right, but have imperilled or desolated them all.”
_Sen. Borah_: “Do you attack this as unconstitutional, or simply the
policy of it?”
Public-domain text, read in full here on John Shaqi.
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