Legal Definitions - Comstock law

The Comstock Law refers to a federal statute enacted in 1873 in the United States. This law made it illegal to send certain types of materials through the U.S. mail. Specifically, it prohibited the mailing of any "obscene, lewd, or lascivious" books, pamphlets, pictures, or other articles. Crucially, it also banned the mailing of any items intended for birth control or for inducing abortions. This legislation significantly restricted access to information and products related to sexuality, reproduction, and family planning for many decades.

Here are some examples illustrating the application of the Comstock Law:

• Imagine a small independent publisher in the late 19th century who prints a novel that includes detailed descriptions of human anatomy and sexual acts, which were considered scandalous for the era. If this publisher attempted to distribute copies of this book to readers across state lines using the U.S. postal service, they could be charged under the Comstock Law for mailing "obscene" material. The law aimed to control public morality by restricting the dissemination of anything deemed indecent through the mail.

• Consider a women's health advocate in the early 20th century who attempts to mail pamphlets to women in rural areas, explaining various methods of contraception and where to obtain them. Under the Comstock Law, this act would be illegal because the pamphlets, even if purely informational, would be considered "articles or things designed for the prevention of conception." The law directly targeted efforts to provide information or access to birth control.

• Suppose a physician in the early 1900s, seeking to assist a patient in a distant town, mails a package containing a medical device and instructions that could be used to induce an abortion. This action would directly violate the Comstock Law, which explicitly prohibited the mailing of "any article or thing designed for... procuring of abortions." The statute was a significant barrier to reproductive healthcare access, even for medical professionals.