The Rebel's Dilemma: Margaret Sanger's Lawbreaking Legacy

Margaret Sanger was an American birth control activist, sex educator, writer, and nurse who opened the first birth control clinic in the United States and founded Planned Parenthood. In 1917, she wrote an article titled Shall We Break This Law? in which she argued for women's reproductive freedom and their right to voluntary motherhood. At the time, women's access to reproductive health and methods to prevent pregnancies was limited due to the Comstock Act, a federal law that criminalised the sale and distribution of contraception or abortion-related products and literature. Sanger's article was a call to action, challenging the law and advocating for women's empowerment and bodily autonomy. She believed that breaking unjust laws was necessary for progress and that women should have the power to choose when and if to have children. This stance was influenced by her experiences as a nurse, where she witnessed the hardships faced by women due to a lack of access to birth control and the dangers of illegal abortions. Sanger's work and activism played a significant role in the birth control movement and the legalisation of contraception in the United States.

Women's freedom and rights

In the early 20th century, women's reproductive health and rights were severely restricted by law in the United States. The Comstock Act, passed in 1873, made it illegal to sell or distribute information about contraception or abortion, or to send such materials through the mail. This law was enforced by Anthony Comstock, a morality fanatic who was appointed as a special agent to the United States Post Office.

Margaret Sanger, a nurse and birth control activist, was determined to give women the power to choose when to have children. She frequently broke the law by distributing birth control literature and was arrested several times. In 1916, she opened the first birth control clinic in Brooklyn, New York, which was soon shut down by the police. She was arrested and charged with distributing contraceptives in violation of New York state law.

Sanger's trial was a public event, and she used it as a platform to defend her actions as humanitarian and integral to the health of women and families. She refused to accept a lenient sentence if it meant promising to abide by the law, famously saying, "I cannot respect the law as it exists today." She was sentenced to 30 days in a workhouse.

Sanger's work and activism played a crucial role in the birth control movement and the eventual legalization of contraception. She believed that breaking unjust laws was necessary for progress and that women should have the right to control their own bodies and reproduction. She wrote, "No woman can call herself free who does not own and control her body."

Sanger's legacy is complex, and she has been the subject of criticism, particularly regarding her involvement with the eugenics movement and her stance on abortion. However, her work in promoting birth control and women's reproductive rights has had a lasting impact.

Birth control, laws and legislation

In 1873, the US Congress passed "An Act for the Suppression of Trade in, and Circulation of, Obscene Literature and Articles of Immoral Use", which became known as the Comstock Act. This law made it a crime to sell products or distribute literature regarding contraception or abortion, send such materials through the mail, or import them from outside the country.

Margaret Sanger, a nurse and birth control activist, was prosecuted by Mr. Comstock, the supporter of the bill after whom it was named, for her birth control movement. However, she was a tireless advocate for women's reproductive freedom and defied the law. In her 1917 article "Shall We Break This Law?", Sanger wrote:

> If she must break the law to establish her right to voluntary motherhood, then the law shall be broken.

Sanger believed that women had suffered under "the merciless machinery of the statutory law", surrendering their rights over their own bodies and becoming victims of excessive child-bearing. She argued that women should no longer plead, implore, or petition, but instead take back their rights.

Sanger's determination to give women the power to choose when to have children was influenced by her experiences as a nurse in the slums of New York City, where she treated mothers desperate to avoid conceiving additional children, some of whom had undergone dangerous, unsanitary abortions. She also witnessed the negative impact of overpopulation and believed that birth control would improve the overall health of the human race.

To promote birth control, Sanger gave speeches, wrote books, and published periodicals, deliberately violating the Comstock Act and provoking multiple arrests. She was responsible for several major legal victories, including the 1965 Griswold v. Connecticut ruling, which legalized contraception for married couples nationwide, and the 1972 Eisenstadt v. Baird ruling, which extended this right to unmarried persons, officially ending the Comstock Act.

Law-breaking and direct action

In her 1917 article "Shall We Break This Law?", Margaret Sanger makes a case for law-breaking and direct action as a means to achieve progress and uphold justice. She argues that throughout history, progress has been driven by those who dared to break unjust laws, citing figures like Moses, Jesus Christ, Joan of Arc, George Washington, and Henry D. Thoreau as examples. She criticizes the static and outdated nature of the law, highlighting how it often fails to keep up with changing social standards and the evolving needs of the people.

Sanger's advocacy for law-breaking is specifically directed towards challenging laws that restrict women's reproductive rights and freedom. She argues that women have long been oppressed by statutory laws, surrendering their rights over their own bodies and suffering the consequences of excessive child-bearing. She emphasizes that women should no longer plead, implore, or petition but instead take back their rights and establish their right to voluntary motherhood, even if it means breaking the law.

Sanger's words inspired others, such as Kitty Marion, to join the birth control movement. Marion, an actress and singer, was moved by Sanger's determination and found creative ways to contribute to the cause. She utilized her performance skills and sang at events, such as Margaret Sanger's release from jail, to inspire and engage the masses in the birth control movement.

Sanger herself walked the talk and took direct action by deliberately violating the Comstock Act, which restricted the distribution of birth control information and products. She published "The Woman Rebel" newsletter, wrote pamphlets like "Family Limitation," and opened the first birth control clinic in the United States, all in defiance of the law. She was arrested multiple times, but each arrest presented an opportunity to challenge the law and spark activism across the nation.

Sanger's law-breaking and direct action had a significant impact. Her efforts led to several major legal victories, including the 1965 Griswold v. Connecticut ruling, which legalized contraception for couples nationwide. Her work laid the foundation for organizations like Planned Parenthood and the development of the first birth control pill. Through her bold actions, Sanger empowered women to take control of their reproductive health and sparked a movement that continues to shape policies and social attitudes towards birth control and women's rights.

Women's enslavement

In her 1917 article, "Shall We Break This Law?", Margaret Sanger makes a powerful case for women's reproductive freedom and their right to break unjust laws that limit their agency over their bodies. She argues that women have long been subjected to the "merciless machinery of statutory law," forced to bear the burden of excessive childbearing and surrender their autonomy to men-made laws. Sanger highlights the devastating impact of such laws on women's health, families, and society as a whole, leading to poverty, unemployment, child labor, and even war.

Sanger draws inspiration from historical figures like Moses, Christ, Joan of Arc, and George Washington, who broke the law to bring about positive change. She advocates for women's emancipation from oppressive laws, stating, "If she must break the law to establish her right to voluntary motherhood, then the law shall be broken."

Sanger's words struck a chord with many, including Kitty Marion, an actress, and singer who became a pioneer in the birth control movement. Marion, inspired by Sanger's determination, played a pivotal role in the American birth control movement, using her creative talents to spread the message and challenge societal norms.

The article also provides a glimpse into Sanger's personal life and the experiences that shaped her views. Growing up in a large family with a mother who suffered from tuberculosis and frequent pregnancies, Sanger witnessed firsthand the toll that a lack of reproductive freedom can take. This, coupled with her work as a nurse among impoverished women in New York, fueled her determination to give women control over their bodies and their lives.

Sanger's activism led to several legal victories, including the 1965 Griswold v. Connecticut ruling, which legalized contraception for married couples nationwide, and the 1972 Eisenstadt v. Baird decision, which extended these rights to unmarried persons, marking the end of the restrictive Comstock Act.

Through her fearless advocacy, Sanger empowered women to break free from the chains of oppressive laws and claim their rightful agency over their bodies and their destinies.

The Comstock Act

The Act made it a federal crime to sell products or distribute literature regarding contraception or abortion, send such materials through the mail, or import them from outside the country. It defined contraceptives as obscene and illicit, and its scope was broad, encompassing not just the mailing of contraceptives but also information about contraceptives, advertisements, and even personal letters with any sexual content or information. The punishment for violating the Act included a fine, a jail sentence of up to 5 years for a first offence, and up to 10 years for subsequent offences.

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