The first and most dramatic of the three great struggles for liberty
reached its apex, as we know, in the American Revolution. It had for
its object the right to hold such political beliefs as one might
choose, and to act in accordance with those beliefs. If this political
freedom is now lost to us, it is because we did not hold strongly
enough to those liberties fought for by our forefathers.
Nearly a hundred years after the Revolution the battle for religious
liberty came to a climax in the career of Robert G. Ingersoll. His
championship of the much vaunted and little exercised freedom of
religious opinion swept the blasphemy laws into the lumber room of
outworn tyrannies. Those yet remaining upon the statute books are
invoked but rarely, and then the effort to enforce them is ridiculous.
Within a few years the tragic combination of false moral standards and
infamous obscenity laws will be as ridiculous in the public mind as
are the now all but forgotten blasphemy laws. If the obscenity laws
are not radically revised or repealed, few reactionaries will dare to
face the public derision that will greet their attempts to use them to
stay woman's progress.
The French have a saying concerning "mort main"--the dead hand. This
hand of the past reaches up into the present to smother the rising
flame of modern ideals, to reforge our chains when we have broken
them, to arrest progress. It is the hand of such as have lived on
earth but have not loved humanity. At the call of those who fear
progress and freedom, it rises from the gloom of forgotten things to
oppress the living.
It is the dead hand that holds imprisoned within the obscenity laws
all direct information concerning birth control. It is the dead hand
that thus compels millions of American women to remain in the bondage
of maternity.
Previous to the year 1868, the obscenity laws of the various states in
the Union contained no specific prohibition of information concerning
contraceptives. In that year, however, the General Assembly of New
York passed an act which specifically included the subject of
contraceptives. The act made it exactly as great an offense to give
such information as to exhibit the sort of pictures and writings at
which the legislation was ostensibly aimed.
In 1873, the late Anthony Comstock, who with a list of contributors,
most of whom did not realize the real effects of his work, constituted
the so-called Society for the Suppression of Vice, succeeded in
obtaining the passage of the federal obscenity act. This act was
presented as one to prevent the circulation of pornographic literature
and pictures among school children. As such, it was rushed through
with two hundred sixty other acts in the closing hours of the
Congress. This act made it a crime to use the mails to convey
contraceptives or information concerning contraceptives. Other acts
later made the original law applicable to express companies and other
common carriers, as well as to the mails.
Public-domain text, read in full here on John Shaqi.
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