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
_Sen. Stanley_: “The evil of attempting to restrict the freedom
of the press in discussing this matter more than counterbalances
any possible ultimate good. It is purely problematical whether it
would stop any racing or not, or deter it. It is an actual fact
that it would be another step in the wrong direction—that is of a
pernicious, vexacious, inquisitorial censorship of the press.
“It would of course be argued that the boy would not be sent to
prison for five years or fined $5000. And why? Because judges have
more sense and more humanity and more decency than the Senate, and
that they would refrain from doing what they are authorized to
do. Now you enact this bill, and how do you know that somewhere,
sometime, you are not going to find a Judge that has just as little
sense of proportion and propriety and justice as the Senate of the
United States?
(For instance the Judge who sent Carlo Tresca to jail for a small
unwitting infringement of the Comstock act, which government
officials as a whole make not the slightest attempt to enforce. Ed.)
_Sen. Stanley_, satirically: “Because Congress has gone very near the
end of its constitutional tether, it should cut the tether and go the
whole length: because it has regulated the freedom of the press in a
few respects, it should now proceed to regulate them in all respects.”
_Sen. Borah_: “I think, Senator Stanley, that the argument that we
will have to rely upon finally is whether we are going any further.
There are plenty of precedents for this law on the statute books....
They are bad precedents, but they are there.”
_Sen. Stanley_: “Exactly, Senator Borah.”
_Sen. Borah_: “I would like to repeal many of them.”
_Sen. Stanley_: “I would like to join you in that....
“No man of course is in favor of moral uncleanness.... But that is
no reason why the Federal Government should act as a spy and as a
supervisor of the private relations between men and women in the
several States....
“Race gambling no one doubts is an evil. Of course it is. But
intemperance is a bad thing. Therefore the papers must not encourage
intemperance by mentioning the concomitants of an alcoholic drink;
the other day an officer tried to stop the Cincinnati Inquirer from
making reference to a copper can because they said some copper cans
were used for distilling! That is a fact. Where are we going to stop?
Public-domain text, read in full here on John Shaqi.
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