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
The sponsor hunt continued during the next session, the short and
last one of the 66th Congress. A succession of Senators all of whom
favored the bill took it under consideration. Each thought it better
for some one else to do it. Their various delays in deciding carried
the sponsor hunt over to the new Congress which convened in December,
1921. Meanwhile the question was carried to Post Master General Hays
who seriously considered including this amendment with his proposed
recommendation to Congress that all the laws relating to Post Office
censorship be revised. His consideration lasted from midsummer to the
following March when he retired from the office to go into the moving
picture business. His recommendation was never made in Congress.
So the sponsor hunt was again continued, and lasted until January,
1923, when Senator Albert B. Cummins, President Pro-tempore of the
Senate, agreed to introduce the measure. He was the sixteenth Senator
who had been asked to sponsor the bill. He made good on his promise
promptly, and the bill was introduced on January 10th. On the same
day the bill was sponsored in the House by Congressman John Kissel of
Brooklyn, who answered what was practically an advertisement for a
“volunteer” statesman to render this service. A letter had been sent to
each member of the House asking if he were willing to take the lead in
the House to correct the Comstock blunder. Mr. Kissel responded at once
and with serious approval.
The bill was a simple straight repeal of the words “preventing
conception” wherever they occur in the five Federal obscenity statutes,
as follows:
_Criminal Code_,
Section 102, _which penalized any government employee who aids
or abets_ in the violation of any law “prohibiting importing,
advertising, dealing in, exhibiting, or sending or receiving by
mail,” any obscene publication, etc.
Section 211, _which makes unmailable_ all obscene publications,
writings, etc., and all articles used for obscene purposes.
Section 245, _which prohibits bringing into the United States or
sending by express or any public carrier_, all the obscene things
listed in Section 211.
Section 312, _which penalizes anyone who “shall sell, lend, give
away, or in any manner exhibit, or shall otherwise publish or offer
to publish ... or shall have in his possession for any such purpose_,
any of the obscene things listed in Section 211. (This section
applies only to territory under the exclusive jurisdiction of the
Federal government).
_Tariff Act of 1922_, Section 305, _which prohibits the importation_
of any of the obscene things, listed in Section 211 of the Criminal
Code.
Public-domain text, read in full here on John Shaqi.
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