The Comstock Act was named after Anthony Comstock, a self-appointed crusader against obscenity and vice. Comstock was an influential figure in the United States during the late 19th century, and he used his influence to push for the passage of the Comstock Act.
The Comstock Act had a significant impact. It supported censorship of a wide range of material, including birth control information, sex education materials, and even medical textbooks. The Comstock Act also made it difficult for women to access contraception, and it contributed to the high rates of maternal mortality in the United States.
The Comstock Act has not been repealed, but much of what it restricted has been undone by Miller vs California. However, its legacy continues to be felt today. The law’s broad definition of obscenity has been used to censor a wide range of material, and it has been used to restrict access to information about contraception and abortion.
Some of the specific provisions of the Comstock Act:
- Prohibited the mailing of any “obscene, lewd, or lascivious” publications.
- Prohibited the mailing of any “articles of immoral use,” including contraceptives and abortifacients (a substance that can cause an abortion).
- Prohibited the mailing of any information about contraception or abortion.
- Gave the Postmaster General the power to seize any materials that violated the law.
The Comstock Act was a controversial law from the start. Critics argued that it was an infringement on freedom of speech and that it was used to discriminate against women. However, the law remained in effect for over a century.
The repeal of the Comstock Act in 1988 was a victory for free speech advocates, but it did not end the debate over obscenity and censorship. The law’s legacy continues to be felt today as the government continues to struggle to balance the right to free speech with the need to protect children from harmful material.
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