Cecily Zamora
Anthony Comstock was a devout Christian and anti-vice activist who crusaded against pornography and what he considered to be obscene. He successfully lobbied for the enactment of the Comstock Act in 1873, which criminalized the use of any post office to send obscene, lewd, lascivious, indecent, filthy or vile materials, as well as any device or medication that could facilitate abortion or contraception. The law reflected Victorian moral standards and significantly changed the landscape of reproductive rights and sexual expression in the United States. Comstock's efforts had a lasting impact, with vestiges of the Act enduring into the late 20th century and influencing state-level legislation.
| Characteristics | Values |
|---|---|
| Name | Comstock Act of 1873 |
| Named After | Anthony Comstock |
| Profession | U.S. Postal Inspector, Anti-vice activist, Special agent for the U.S. Postal Service |
| Aim | To suppress the distribution of sexually suggestive content, including information about contraception and abortion |
| Penalties | Up to 5 years of imprisonment with hard labor and a fine of up to $2,000 |
| Impact | Restricted women's reproductive rights, fostered self-censorship among publishers, and led to a wave of similar state-level legislation |
| Amendments | 1936 U.S. Circuit Court of Appeals decision, United States v. One Package, allowed doctors to distribute contraceptives across state lines |
| Recent Developments | In 2022, the U.S. Supreme Court overturned Roe v. Wade, leading to calls for a renewed application of the Comstock Act to restrict abortion access |
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What You'll Learn
Anthony Comstock's role in creating the laws
Anthony Comstock was a devout Christian and anti-vice activist born in Connecticut in 1844. He fought for the Union Army in the Civil War and later settled in New York City. He was appalled by what he saw in the city—prostitution and pornography—and began supplying the police with information for raids on sex trade merchants. In the 1860s, he joined the Young Men's Christian Association (YMCA) and, through this association, met like-minded men who employed him as an agent for the New York Society for the Suppression of Vice.
In 1868, the New York YMCA drafted a bill that was successfully enacted into law, enabling local magistrate judges to issue warrants allowing the police to seize and destroy materials ruled "obscene". However, Comstock became unhappy with this law and believed federal legislation was needed. In 1872, he got the initial provision of the Comstock Act added as a rider to a postal service consolidation bill. This law prohibited the mailing of any materials deemed "obscene, lewd, lascivious, indecent, filthy or vile".
Although this was a step in the right direction for Comstock, he soon became disappointed as gaps in the law appeared. To address these perceived problems, he worked on a new standalone piece of legislation, which passed in 1873. This new law, also known as the Act for the Suppression of Trade in, and Circulation of, Obscene Literature and Articles of Immoral Use, included more comprehensive provisions. The law effectively prohibited the sending of any text or image then considered to be obscene or pornographic, as well as any device, medication, or information about such a device or medication that could facilitate or result in abortion or contraception.
Comstock was later appointed as a special agent for the U.S. Postal Service, with police powers to enforce the new law. He set out to do so with zeal, culling the mail for improper materials and even targeting adventure books and romance novels, which he believed corrupted American youth. Over the course of more than 40 years, he charged 4,000 people under the law.
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The impact on reproductive rights
The Comstock Act, named after anti-vice activist Anthony Comstock, was a series of federal laws passed in 1873. The Act criminalized the use of the postal service to send any "obscene, lewd, lascivious, indecent, filthy or vile" material, including any device or medication that could facilitate abortion or contraception. The Act effectively prohibited the sending of any text or image considered obscene or pornographic, as well as any information about contraception or abortion methods.
In the early 1970s, the provisions of the Comstock Act that criminalized the use of the mail to transport contraceptives or materials related to contraceptive use were repealed, and in 1973, the Supreme Court's decision in Roe v. Wade recognized a constitutional right to abortion. However, the ban on mailing items designed to produce abortion remained in the Comstock Act and was not enforced for decades.
Following the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization in 2022, which overturned Roe v. Wade and ended the federal right to abortion, several states adopted laws restricting or banning abortion. Anti-abortion activists have argued that the Comstock Act prohibits the mailing of abortion medications, such as mifepristone, directly to patients, as well as the distribution of these medications to physicians, hospitals, and pharmacies. A literal interpretation of the Act could potentially apply to all abortions, not just medication abortions, and could affect other medical care, such as miscarriage management.
The Biden Administration's Department of Justice has determined that the Comstock Act only applies when the sender intends for the drug to be used for an illegal abortion. However, this interpretation is not binding on future administrations, and anti-abortion extremists are trying to revive the Act to ban abortion nationwide. The enforcement of the Comstock Act would bypass Congress and the federal legislative process, allowing Congressional members to escape accountability.
The impact of the Comstock Act on reproductive rights is far-reaching, with the potential to restrict access to abortion care and endanger the health and lives of women and other pregnant individuals, especially those in under-resourced communities.
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The criminalisation of 'obscenity'
The Comstock Act of 1873 is a series of provisions in federal law that criminalize the involvement of the United States Postal Service in conveying obscene, crime-inciting, or abortion-related materials. The Act is named after American moralist and anti-vice activist Anthony Comstock, who lobbied for its enactment.
The criminalisation of obscenity was a central aspect of the Comstock Act. Comstock, a devout Christian, was dismayed by what he perceived as the immorality of urban life in New York City. He believed that the city was rife with prostitution and pornography and sought to fortify American morality. Comstock began his anti-obscenity crusade in the late 1860s, supplying the police with information for raids on sex trade merchants. He also organized an independent New York branch of the London Society for the Suppression of Vice in 1873.
The Comstock Act amended postal regulations to prohibit the mailing of any materials deemed "obscene, lewd, lascivious, indecent, filthy or vile". This included information on contraception and abortion, as well as devices or medications related to abortion or contraception. The law imposed strict penalties for violations, including up to five years of imprisonment with hard labor and fines of up to $2,000.
The Act was enforced by special agents, including Comstock himself, who was appointed as a special agent for the U.S. Postal Service. He zealously enforced the law, confiscating and destroying what he considered obscene materials, including certain anatomy textbooks and romance novels. Over the course of his career, Comstock charged 4,000 people under the law, including reproductive rights activists such as Margaret Sanger and Emma Goldman.
The criminalisation of obscenity under the Comstock Act had a significant impact on reproductive rights and sexual expression in the United States. It restricted women's access to information about contraception and abortion, and led to the arrest of doctors and social reformers who provided such information. The law also fostered an environment of self-censorship among publishers. While the Act has not been actively enforced in recent decades, it has come under renewed scrutiny in light of recent legal changes regarding abortion access.
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Enforcement and punishment
The Comstock Act of 1873, named after American moralist and anti-vice activist Anthony Comstock, criminalized the use of any post office to send or receive any "obscene, lewd, lascivious, indecent, filthy or vile article, matter, thing, device, or substance". The Act also prohibited the sending of any device, medication, or information about such devices or medication that could facilitate or result in abortion or contraception.
The Act was enforced broadly for much of its history, with Comstock himself working as a postal inspector and making over 3,600 arrests, resulting in the destruction of over 160 tons of material deemed obscene. The Act's enforcement primarily targeted pornography, contraceptive equipment, abortion drugs, and devices, as well as materials providing descriptions or advertisements of contraceptive or abortion methods.
The punishment for violating the Comstock Act included a fine of up to $2,000 and a prison sentence of up to five years with hard labor. These punishments were still in place as late as the 1960s, when thirty states had laws prohibiting or restricting the sale and advertisement of contraception.
While the scope of enforcement has narrowed due to various court rulings, the Act remains in force and has been used in recent years to prosecute child pornography. For example, in 2021, a Texas man was sentenced to 40 years in federal prison under the Comstock Act for operating a website containing obscene writings and drawings pertaining to child sexual abuse.
In recent years, there have been calls for a renewed application of the Comstock Act to prevent people from receiving abortion drugs by mail, particularly after the Supreme Court overturned Roe v. Wade in 2022. However, the Court of Appeals for the Fifth Circuit ruled that abortion drugs should remain available to patients, albeit with restrictions.
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Amendments and modern applications
The Comstock Act has been amended multiple times since its initial enactment, with the most recent amendment occurring in 1996. Reagan-era amendments to the act increased its penalties and expanded the scope of 18 U.S.C. § 1462 to cover interactive computer services (internet websites). In 1994, President Bill Clinton signed into law amendments that further increased penalties and expanded the scope of the act.
In 1971, Congress removed the law's provisions concerning contraception. Following the U.S. Supreme Court's decision in Roe v. Wade (1973), which recognized a constitutional right to abortion through the second trimester of pregnancy, the Comstock Act remained in force but was effectively dormant.
The term "obscene" is not defined in the text of the Comstock Act or much of U.S. obscenity law. The Miller Test provides the most current definition used by courts when judging obscenity. The test has three prongs:
- The average person applying contemporary community standards would find the work, taken as a whole, appeals to prurient interest.
- The work depicts or describes, in a patently offensive way, sexual conduct specifically defined by applicable state law.
- The work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
In 2000, the U.S. Food and Drug Administration (FDA) approved medication abortion by means of the drug mifepristone, in combination with misoprostol. From 2016 to 2021, the FDA adopted measures to make mifepristone more accessible to patients, extending the period during which the drug could be used and permitting it to be mailed to patients after a telehealth appointment.
In 2022, the U.S. Supreme Court overturned Roe v. Wade, and several states adopted laws restricting or banning most abortions. Some anti-abortion activists called for a renewed application of the Comstock Act to prevent people from receiving mifepristone by mail. In April 2023, a federal district court in Texas suspended the FDA's approval of mifepristone and measures easing restrictions on its use. The Court of Appeals for the Fifth Circuit ruled that mifepristone should remain available to patients seeking abortion but only under the FDA's original restrictions.
Modern enforcement of the Comstock Act is primarily focused on prosecuting child pornography, with the most recent conviction under the act made in 2021.
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Frequently asked questions
The Comstock Act of 1873 is a series of provisions in federal law that criminalize the involvement of the United States Postal Service in conveying obscene, crime-inciting, or certain abortion-related materials.
The Act significantly changed the landscape of reproductive rights and sexual expression in the United States. It restricted women's access to information about their health and options for preventing unwanted pregnancies. It also led to the arrest of doctors and social reformers who provided such information.
Anthony Comstock was a fervent social reformer and moralist who lobbied for the enactment of the Comstock Act. He was appointed as a special agent for the U.S. Postal Service, with the power to enforce the law. He charged 4,000 people under the law, including Margaret Sanger and Emma Goldman.
The Comstock Act amended postal regulations to prohibit the mailing of any materials deemed "obscene," including information on contraception and abortion. It was added as a rider to the Post Office Consolidation Act of 1872 before becoming a standalone bill in 1873.
Comstock was a devout Christian who sought to impose his Victorian values on a rapidly urbanizing United States. He was appalled by what he saw in the streets of New York City, including prostitution and pornography. He believed that certain materials, such as adventure books and romance novels, corrupted American youth.
