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
“You will please observe that this business is carried on principally
by the agency of the United States mails, and there is no law by
which we can interfere with the sending out of these catalogues
and circulars through the mail, except they are obscene on their
face; and there are scores of men that are supporting themselves
and families today by sending out these rubber goods, etc., through
the mails, that I cannot touch for want of law. There are men in
Philadelphia, in Chicago, in Boston and other places who are doing
this business, that I could easily detect and convict if the law was
only sufficient.”
Mr. Merriam then concluded as follows:
“With the passage of this bill I shall have performed a most
uninviting duty. No man even when compelled by a conscientious
conviction of official duty, goes willingly down into the gutters of
human depravity to act as scavenger to root out moral deformities.
He fights to advantage who knows his enemy. The good men of this
country who regard their homes as their sanctuaries, warned by this
exposure, will act with determined energy to protect what they hold
most precious in life, the holiness and purity of their firesides.”
So much for the story of how the Federal statutes happened to be
fastened upon American law. The example was contagious. A veritable
epidemic of State legislation in similar phraseology ensued, until
ere long, there were only two States without obscenity statutes which
echoed the Federal law and which, in many instances, went much further
than the Federal law in suppressive policy. American laws in this
regard stand unique among those of the nations of the world. In various
countries there are obscenity statutes and regulations, but in none
save the United States is contraceptive information, _per se_, classed
with penalized indecency. In no other country is science reduced to
the level of obscenity in the law. Bernard Shaw said twenty years ago,
“Comstockery is the world’s standing joke, at the expense of the United
States.”
Some degree of praise and a deluge of denunciation has been poured
upon Anthony Comstock for the legislation he initiated, the arrests
and suppressions which he accomplished, and for the spying methods he
used, to entrap those whose activities he considered criminal. Any
final or complete estimate of his qualities, and the value of his work
to the people of the country would be out of place in this book, but
it may be of use, in considering what sort of legislation the country
should have, to get at something of the _why_ of Comstock’s efforts.
The fairest way to arrive at an unprejudiced conclusion about him would
seem to be to let him speak for himself, by quoting from his own books
describing his major work, and then to give the reader representative
glimpses of his work and his psychology through the words of both his
ardent supporters and his adverse critics.
Public-domain text, read in full here on John Shaqi.
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