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
In Comstock’s own book “Frauds Exposed,” in which he recapitulates
his forty years of work in jailing people, the space given to
contraceptive cases is only about five per cent of the whole book.
His greatest emphasis and the bulk of his effort went to suppressing
general obscenity, gambling and fraud. A similar proportion is found
in his later book, “Traps for the Young.” In D. M. Bennett’s pamphlet
on “Anthony Comstock,—His Career of Cruelty and Crime,” 27 cases of
prosecutions initiated by Comstock are chronicled. Of these only 5 are
indictments involving the giving contraceptive information. In Theodore
Schroeder’s monumental volume, “Obscenity and Constitutional Law,”
which reviews obscenity prosecutions covering several generations,
there are found to be less than ten in which contraceptive information
was the probable main factor in the case. Appendix No. 4 gives a
list of 23 more or less well known cases of prosecutions with the
disposition of each case. Several of them were instances where the
birth control issue was obviously used as a cloak for an ulterior
motive in causing the arrest.
This was notably true in the recent case of Carlo Tresca, the editor
of an Italian paper, “Il Martello,” published in New York City. The
facts in the case were, briefly, these: In the absence of Mr. Tresca
the advertising manager of the paper printed a two-line, small-print
advertisement of a pamphlet on birth control methods, by an Italian
physician, a publication which has been very popular and which has
been considerably advertised in other Italian papers; the Post Office
notified “Il Martello” that the advertisement rendered the paper
unmailable as it was an infringement of Section 211 of the Federal
Criminal Code; the two lines were accordingly deleted and the edition
was mailed; but shortly afterwards the advertising manager was arrested
and imprisoned for the infringement; Tresca also was arrested, though
he had not known of the advertisement at the time it was printed; he
was sentenced to “a year and a day” in the Federal penitentiary at
Atlanta. During and after his trial some illuminating testimony was
brought forth, showing that the birth control charge was merely a
handle for political persecution; it seems that Tresca in his paper and
otherwise had vigorously opposed the Mussolini regime in Italy, and
the Italian Ambassador while making a dinner address in Washington had
stated that there was a certain Italian paper in New York which ought
to be suppressed; “Il Martello” was subsequently subjected to many
petty annoyances from the Post Office, culminating in the arrest of the
editor on the birth control charge, _after_ the offending advertisement
had been promptly deleted in accord with the Post Office notification;
during the trial the prosecuting attorney admitted that the complaint
against the paper regarding the advertisement had come from the office
of the Italian Ambassador.
Public-domain text, read in full here on John Shaqi.
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