The Comstock Act of 1873: Obscenity Laws in the 19th Century

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You are likely familiar with debates surrounding censorship and obscenity laws, but do you know the history behind them? In the 19th century, anti-obscenity activism led by Anthony Comstock resulted in the passing of the Comstock Act in 1873. This federal law allowed the Postal Service to determine what constituted obscenity and therefore prohibit the mailing of such materials. The Comstock Act had significant implications for free speech and set precedents that impacted publishing, activism, and more during that time period. As we examine the evolution of censorship and obscenity laws in America, it is worth understanding their 19th century origins through the Comstock Act of 1873. In this article, we will explore the key events and figures behind this controversial law.

What Was the Comstock Act of 1873?

The Comstock Act of 1873, also known as the Act for the Suppression of Trade in, and Circulation of, Obscene Literature and Articles of Immoral Use, was a United States law that made it illegal to distribute obscene materials through the U.S. postal system. Named after its chief proponent, Postmaster General Anthony Comstock, the Act criminalized the circulation of “obscene, lewd, or lascivious” materials as well as contraceptives, pornography, sex toys, and information on abortion and birth control.

Scope

The Act expanded the powers of the Post Office to seize and destroy obscene materials from the mails. It made it a federal crime to distribute such materials, not just through the postal system but also across state lines. The law defined obscenity in very broad terms and gave wide discretion to local judges and juries to determine what material met the definition. This allowed for uneven and subjective enforcement.

Impact

The Comstock Act had a significant impact on public policy debates surrounding free speech, censorship, sexuality, and reproductive rights in the 19th and early 20th centuries. It influenced similar obscenity laws in Britain and Canada. The Act was used to prosecute early birth control advocate Margaret Sanger for distributing information on contraception. However, portions of the Act were eventually struck down as unconstitutional, and it has been modified many times. It shaped American censorship law until the Supreme Court’s Roth v. United States (1957) decision.

The Comstock Act reflected conservative Victorian values and a desire to regulate public morality during a time of rapid social change in the U.S. It highlights the tensions between civil liberties like free speech and efforts to restrict certain types of content deemed objectionable or immoral. The Act has enduring relevance as policymakers continue to grapple with these issues today in regulating internet content and other media.

In summary, the Comstock Act was a far-reaching anti-obscenity law passed in 1873 that had a profound impact on debates over morality, sexuality, and free speech in 19th century America. Although controversial, it shaped censorship policy for decades and still influences discussions on similar issues today.

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The Origins of the Comstock Act

The Comstock Act of 1873 was named after its chief proponent, Anthony Comstock, a postmaster who was offended by what he considered to be lewd materials in the mail. Comstock lobbied Congress to pass a strict law prohibiting the circulation of “obscene, lewd, or lascivious” materials through the mail. The resulting Comstock Law is considered one of the most stringent anti-obscenity laws in U.S. history.

Comstock’s Campaign

Comstock was a devout Christian who believed sexually explicit materials were immoral and corrupting. In the 1860s, he began seizing obscene materials from the mail in his role as a postal inspector. His campaign gained momentum, and in 1872 a petition with 100,000 signatures supporting anti-obscenity legislation was presented to Congress. The following year, the Comstock Act was passed, banning obscene materials from the mail and prohibiting their distribution.

Scope of the Law

The Comstock Act was extraordinarily broad in scope. It prohibited mailing or distributing not only pornographic materials but also contraceptives, abortion information, and information on sexuality. The law allowed Comstock, who was appointed to oversee its enforcement, wide latitude in determining what was “obscene.” His overzealous prosecutions even led to the jailing of physicians for distributing anatomical textbooks to medical students.

The Comstock Act had a chilling effect on free speech that lasted for decades. While parts of the law were gradually weakened through legal challenges and amendments, it shaped censorship standards in the U.S. for obscenity until the latter half of the 20th century. Though controversial, the Comstock Act was a pivotal moment in the debate over censorship and morality in America.

Key Provisions of the Obscenity Law

Censorship of Obscene Materials

The Comstock Act made it illegal to distribute obscene materials through the U.S. postal service. Obscenity was defined broadly as anything “obscene, lewd, or lascivious, or filthy or indecent or disgusting.” This included not only erotic content but also literature on birth control and abortion. The law granted the postal service the authority to censor anything deemed obscene.

Expanding Postal Inspection Powers

The law expanded the investigative powers of the U.S. Postal Inspection Service to enforce the obscenity ban. Postal inspectors were authorized to open mail and seize any materials suspected to be obscene. Individuals accused of distributing obscene materials faced criminal charges, even for materials mailed from other countries.

Impact on Free Speech

The Comstock Act elicited criticism from civil liberties advocates who argued that it violated free speech rights. However, at the time, obscenity was not considered protected speech. The broad definition of obscenity under the law resulted in the censorship of many materials that would not be considered obscene today, including works of literature and information on reproductive health.

Enforcement Challenges

Enforcement of the Comstock Act proved challenging as definitions of obscenity evolved. The law spurred the growth of an underground market for the distribution of erotic materials. Over time, court rulings narrowed the definition of obscenity, limiting the scope of the law. However, parts of the Comstock Act banning the distribution of obscene materials through the mail remained in effect in the U.S. until the Supreme Court struck them down in the 1960s.

The Comstock Act had a significant impact on censorship and freedom of expression in the 19th century United States. Though controversial, it shaped laws around obscenity and influenced cultural attitudes toward sexuality and morality for decades.

How the Comstock Act Defined Obscenity

The Comstock Act of 1873 was a United States federal law that made it illegal to distribute obscene materials through the U.S. mail. The act specified that obscene materials included those related to contraception, abortion, and sexuality. Specifically, the law defined obscene materials as those that could corrupt the morals of youth by arousing lustful thoughts.

Anti-Vice Crusader Anthony Comstock

The Comstock Act was named after Anthony Comstock, a religious anti-vice crusader who lobbied extensively for more stringent obscenity laws. Comstock believed any form of sexuality and immorality could corrupt society. The Comstock Act made it a misdemeanor to distribute “obscene, lewd, or lascivious” materials, including those related to birth control and abortion.

Broad Definition of Obscenity

The Comstock Act provided a broad definition of obscenity that included not only explicitly sexual or pornographic materials but also those related to reproductive health. Contraceptives, abortion materials, and information on sexuality were deemed “obscene” under the Act. The law even banned some anatomy texts from being distributed through the mail.

Lasting Impact

Although the Comstock Act was amended over time to allow for the dissemination of some materials related to health and medicine, it shaped obscenity laws in the U.S. for decades. The broad definition of obscenity and the moralistic reasoning behind the Act influenced subsequent laws well into the 20th century. The Comstock Act serves as an example of how moral values have shaped laws, for better and for worse, in American history.

The Comstock Act had a profound and long-lasting effect on censoring materials deemed “obscene” in the 19th century United States according to moral values of the time. The law’s definition of obscenity was far-reaching, including not only explicitly sexual content but also reproductive health information. The influence of Anthony Comstock’s moral crusade in shaping this law demonstrates how personal values and beliefs can significantly impact legislation.

The Impact on Free Speech and Censorship

Censorship of “Obscene” Materials

The Comstock Act made it illegal to distribute materials deemed “obscene, lewd, or lascivious” through the U.S. postal service. This granted the U.S. postal inspector extensive censorship power over the materials that could be transmitted in the mail. Anything deemed obscene was prohibited, including information on birth control, sexuality, or abortion. This strict censorship and control over the spread of ideas represented a major blow to free speech.

The Suppression of Unpopular Ideas

The vague definition of “obscenity” allowed for the suppression of unpopular ideas and dissenting opinions. The Comstock Act was used to censor materials promoting women’s rights, birth control, and sexual education. This hindered the spread of progressive social ideas and stifled debate. The censorship of radical opinions and unorthodox ideas under the guise of obscenity was a troubling overreach of government power that limited freedom of expression.

Challenging the Status Quo

Some activists deliberately broke the law to challenge the Comstock Act and push the boundaries of free speech. In 1876, Ezra Heywood was arrested for mailing an obscene book promoting free love and criticizing traditional marriage. His subsequent trial became a rallying point for free speech advocates. Although Heywood was convicted, his acts of civil disobedience helped raise awareness of censorship overreach and gain public support for expanded free expression.

The Comstock Act’s broad restrictions on mailing “obscene” materials curtailed radical ideas and dissenting speech. While aimed at upholding moral standards, it enabled the suppression of unpopular opinions and stifled debate on important social issues. The strict censorship and vagueness of the obscenity definition posed a major threat to free expression and the open exchange of ideas that is essential for social progress.

Famous Obscenity Cases Related to the Comstock Act

The Comstock Act led to several prominent legal cases that challenged its broad definition of obscenity. Two of the most well-known cases were Dunlop v. U.S. in 1897 and U.S. v. One Book Called “Ulysses” in 1933.

In Dunlop v. U.S., the Supreme Court upheld the conviction of a New York publisher for mailing “obscene, lewd, or lascivious” materials, specifically anatomy textbooks. The Court ruled that the Comstock Act applied to educational materials if they could “deprave or corrupt the morals of youth.” This broad interpretation of obscenity gave the U.S. Post Office expansive censorship powers over the mail.

A few decades later, the 1933 case U.S. v. One Book Called “Ulysses” marked a turning point. The federal government had seized copies of James Joyce’s modernist novel “Ulysses” under the Comstock Act. However, Judge John Woolsey ruled that “Ulysses” did not meet the obscenity standard because it did not “tend to stir the sex impulses or lead to sexually impure and lustful thoughts.” Woolsey’s decision narrowed the definition of obscenity, allowing more literary freedom.

Other notable cases included Margaret Sanger’s 1916 conviction for distributing birth control information, as well as the ACLU’s successful challenge of the ban on birth control literature in the 1936 case U.S. v. One Package. By the 1950s and 60s, the Comstock era had ended, and most legal restrictions on birth control and literature were abolished. However, obscenity law in the U.S. remains complex and continues to be debated today.

In summary, the Comstock Act resulted in several important legal rulings that both broadened and narrowed the definition of obscenity in the U.S. Over time, social attitudes changed, and most of the Act’s restrictions on literature and birth control were overturned. But determining what constitutes obscenity continues to be an issue in American law and society.

The Decline and Repeal of the Comstock Act

The Comstock Act faced opposition and legal challenges from its inception. In the early 20th century, the act began to lose support due to changing social values and new court rulings that limited its scope.

The Comstock Act prohibitions on distributing information about contraception and birth control were controversial, as some argued they infringed on personal liberties and women’s rights. Margaret Sanger openly violated the Comstock Act by distributing birth control information, leading to her arrest in 1916. Her subsequent legal appeals and activism helped raise awareness of the issue and build public support for overturning these prohibitions.

Court rulings in the 1930s and 1940s also significantly weakened the Comstock Act. In United States v. One Book Called Ulysses, a federal court ruled that James Joyce’s novel Ulysses was not obscene, establishing a new, more permissive standard for obscenity. Subsequent rulings limited the Comstock Act to cover only “hard core” pornography. These decisions made much previously banned material legal to distribute through the mail.

In 1957, the Roth v. United States Supreme Court decision further limited obscenity to material that “appeals predominantly to prurient interest” and “lacks serious literary, artistic, political or scientific value.” This made it nearly impossible to prosecute distributors of most written works under the Comstock Act. With its scope greatly reduced, the era of strict censorship of the mail had ended.

The Comstock Act was officially repealed in 1970, though it had long been obsolete. It was replaced by new obscenity laws that only covered extremely sexually explicit materials. While the act was controversial and supported censorship for decades, changing social values and court rulings ultimately led to its demise and greater freedom of expression.

The Legacy of the Comstock Act on Obscenity Law

The Comstock Act of 1873 had a significant impact on censorship and obscenity laws in the 19th century United States. The act expanded the power of the federal government to censor and control the circulation of “obscene” materials, including contraceptives, abortion-related materials, and pornography.

The Comstock Act prohibited the use of the U.S. postal service for the delivery or transportation of “obscene, lewd, or lascivious” materials, including contraceptives, abortion-related materials, and pornography. The broad language of the Comstock Act allowed for subjective interpretations of obscenity and censorship. The act was vigorously enforced, leading to the seizure and destruction of large amounts of materials and the prosecution of individuals accused of violating the law.

The Comstock Act shaped censorship standards for decades and prompted ongoing legal debates over free speech versus censorship. The act’s restrictive definition of obscenity was gradually narrowed through court cases over the 20th century. However, parts of the Comstock Act remained officially in effect until the 1960s.

The legacy and impact of the Comstock Act on censorship in the United States cannot be understated. The act established a precedent for federal intervention in controlling access to materials deemed “obscene” or immoral. It shaped standards of public morality and decency for generations. It also prompted important debates over censorship, free speech, and civil liberties that continue to this day.

Though the Comstock Act was a product of 19th-century moral standards, its impact on obscenity law and First Amendment rights in the U.S. highlights the ongoing tensions between freedom of expression and censorship that persist in American law and society. The act serves as an important case study in how standards of obscenity and morality are culturally and historically situated.

Comstock Act 1873 FAQs: Your Top Questions Answered

The Comstock Act of 1873 was a United States federal law that made it illegal to distribute obscene materials through the mail. The Act was named after Anthony Comstock, a moral crusader who lobbied for more stringent laws against obscenity. The law banned the sale or distribution of “obscene, lewd or lascivious” materials as well as contraceptives and information on birth control.

Conclusion

You have explored how the Comstock Act of 1873 ushered in a new era of censorship in the United States, banning the mailing or transportation of obscene materials deemed “immoral” or “indecent.” This law had far-reaching impacts, suppressing free speech and artistic expression. As we reflect on this complex history, consider how values around decency and obscenity have evolved since the late 19th century. Our present-day laws and norms still regulate obscenity, but in different ways. Understanding the motives and effects behind past censorship efforts can inform wise policymaking today. We must thoughtfully balance moral aims with rights to free expression. Our examination of the Comstock Act provides lessons on both the hazards and responsibilities of regulating speech in a democratic society.

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