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
A committee of three lawyers, members of the National Birth Control
League, drafted the amendments which the League advocated for the
Federal statutes and for the New York State statutes. The provision was
similar in both cases. It first removed from the obscenity statutes
the words “preventing conception” wherever they occurred; then added a
clause to the effect that information as to or means for the control of
conception are not, per se, obscene or of indecent use. For Section 211
of the Federal law, this added clause read as follows: “But no book,
magazine, pamphlet, paper, letter, writing or publication is obscene,
lewd or lascivious, or of indecent character, or non-mailable by reason
of the fact that it mentions, discusses or recommends prevention of
conception, or gives information concerning methods or means for the
prevention of conception; or tells how, where, or in what manner such
information or such means can be obtained; and no article, instrument,
substance or drug is non-mailable by reason of the fact that it is
designed or adapted for the prevention of conception, or is advertised
or otherwise represented to be so designed or adapted.” (The statutes
with the proposed amendments in full are given in Appendix No. 5.)
It was not only within the United States that interest in amending our
laws grew apace. The matter got the attention of a very thoughtful and
distinguished portion of the British public also. When Mrs. Sanger was
in England, she met Dr. Marie C. Stopes (subsequently the founder of
the first birth control clinic in England) who was deeply indignant at
the situation threatening Mrs. Sanger by virtue of the American law.
This feeling found expression in a letter which Dr. Stopes wrote and
sent to President Wilson, and which was signed by several other well
known English citizens. It reads as follows:
September, 1915.
To the President of the United States,
White House,
Washington, D. C.
SIR:
We understand that Mrs. Margaret Sanger is in danger of criminal
prosecution for circulating a pamphlet on birth problems. We
therefore beg to draw your attention to the fact that such work as
that of Mrs. Sanger receives appreciation and circulation in every
civilized country except the United States of America, where it is
still counted as a criminal offense.
We in England passed, a generation ago, through the phase of
prohibiting the expressions of serious and disinterested opinion on
a subject of such grave importance to humanity, and in our view to
suppress any such treatment of vital subjects is detrimental to human
progress.
Hence, not only for the benefit of Mrs. Sanger, but of humanity, we
respectfully beg you to exert your powerful influence in the interest
of free speech and the betterment of the race.
Public-domain text, read in full here on John Shaqi.
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