Earlier this week on one of the MSNBC shows there was a discussion about Comstock Laws making a comeback via the elimination through the overturning of Griswold etc. In the discussion the Planned Parenthood representative expressed her concern that these 19th century laws could raise their ugly head if SCOTUS and many state legislatures were allowed to follow through with some of the desires of those involved.
One of the concerns was discussions of those backing TFG and their plans to use laws already on the books but largely unenforced or struck down by previous Supreme Court decisions. The idea being to newly enforce them and get those cases back to SCOTUS for them to reverse precedent setting decisions by earlier Supreme Courts.
The Comstock laws are a set of federal acts passed by the United States Congress under the Grant administration along with related state laws. The "parent" act (Sect. 211) was passed on March 3, 1873, as the Act for the Suppression of Trade in, and Circulation of, Obscene Literature and Articles of Immoral Use. This Act criminalized any use of the U.S. Postal Service to send any of the following items: obscenity, contraceptives, abortifacients, sex toys, personal letters with any sexual content or information, or any information regarding the above items.
A similar federal act (Sect. 245) of 1909 applied to delivery by interstate "express" or any other common carrier (such as railroad), rather than delivery by the U.S. Post Office. In addition to these federal laws, about half of the states enacted laws related to the federal Comstock laws. These state laws are considered by women's rights activist Mary Dennett to also be "Comstock laws". The laws were named after their chief proponent, U.S. Postal Inspector and anti-vice activist Anthony Comstock. Comstock received a commission from the Postmaster General to serve as a special agent for the U.S. Post Office Department.
Via Planned Parenthood:
Anthony Comstock was a misogynist, racist, homophobic, “anti-vice” crusader. He was obsessed with sex — or rather, he was obsessed with controlling everyone else’s sexual behavior.
Comstock believed that the mere existence of birth control, abortion, pornography, sex toys, and even nudity in art corrupted society. Even in the hyper-conservative Victorian era, many thought his views were extreme. People used the word “Comstockery” to mock his overzealous censorship.
In 1873, Comstock convinced Congress to pass the Comstock Act. Comstock was appointed as a Special Agent of the U.S. Post Office, giving him the authority to enforce his laws.
Also see PBS’s American Experience; Anthony Comstock’s “Chastity” Laws.
I’ll note that the Smithsonian’s take of Anthony Comstock is quite a bit friendlier than most of today’s perspectives. It’s another quick read of who he was and what he represented. However it ended this way.
Comstock continued his crusade and remained a special agent for the Post Office Department until his death in 1915. Bits and pieces of his Act were challenged and eliminated over the years. Birth control advocate Margaret Sanger was an influential force in successfully challenging some of that legislation. The last piece of Comstock’s Act came down in 1965 when the Supreme Court decision on “Griswold v. Connecticut” lifted all restrictions on the use of contraceptives by married couples.
These stories should be just one more motivation for doing your part in voting and doing what you can to GOTV!
Another quick reference.