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
Sumner in his letter told the Senator “of whom,” and
he did so “directly.” He knew he did not risk arrest for doing it even
though his act was a “crime.” In all probability neither should we, if
we were to print the title of the pamphlet; but as both the author and
the publisher of this book are interested in the discussion of sound
legislation on this subject rather than in possibly precipitating one
more indictment under this good-for-naught law, we discreetly leave the
title blank.
The conclusion seems quite obvious, judging by the light penalties,
the few prosecutions, and the blinking at infringements, that the
government, like most citizens, takes this law very lightly and has
no idea of living up to its obligation to enforce it. There has been
one Post Master General however in recent times who has made at least
a gesture toward enforcement, and another who made at least a gesture
toward a common-sense revision of the laws.
The latter was Post Master General Hays, and had he not resigned his
position to go into the moving picture business, perhaps the United
States laws on this subject would now be renovated so as to be more a
reflection of the people’s beliefs and more true to American ideals.
The circumstances in the summer of 1921 were most propitious. Mr.
Hays had made several public statements that he was convinced that
the Post Office should not operate a censorship system. He had put
himself on record in unmistakable terms, and his words had been widely
published by the newspapers. So in August of that year, an interview
with Mr. Hays was secured by the Director of the Voluntary Parenthood
League, and the question laid before him as to whether the time was
not more than ripe to remove this particular censorship from the
laws which govern the Post Office. He received the suggestion with
marked cordiality, saying that it was very timely, for he had about
reached the conclusion that it was his duty to submit to Congress a
recommendation for the revision of all the Post Office laws which had
any bearing on censorship. He asked for a résumé of all pertinent
data on the laws affecting birth control knowledge, and he also asked
for specimens of good books and other publications on the subject
such as are used abroad. On being told that it would break the law
(Section 211) to mail such publications to him, he said, “Oh no, I
wouldn’t want that done, send them by express.” “Can’t be done,” was
the answer, “because Section 245 forbids that also.” “Well then,” said
the Post Master General, with an appreciative smile, “by messenger.”
The parcel was forthwith delivered to him by that method. But even
that was unlawful, for according to Section 312, it is a crime in
the District of Columbia to “lend or give away,” or to have in one’s
“possession for any such purpose, any book, pamphlet,” etc. Mr. Hay’s
plan to submit a revision to Congress was never carried out, perhaps
because his retirement from office followed too shortly after to make
Public-domain text, read in full here on John Shaqi.
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