Comstock

House Democrats, Led by Rep. Carbajal, Introduce Bill to Prevent Federal Abortion Ban Under Comstock Act

by

Washington — In a straightforward legislative move, Representative Salud Carbajal, together with a coalition of nearly 100 Democratic colleagues from the House, has introduced a bill aimed at dismantling a long-standing but outdated federal law, potentially thwarting efforts to establish a federal ban on abortion. This legislation, known comprehensively as the Stop Comstock Act, redirects from using the 1873 Comstock Act as a basis for such restrictive measures. Originally, the Comstock laws sought to regulate morality by prohibiting the mailing of “obscene, lewd, or lascivious” materials, which during that era included contraception and abortion-related items. … Read more

The Lingering Shadow of the Comstock Act: A Relic of Free Speech Suppression

by

WASHINGTON (AP) — In the ongoing debate over expanded access to the abortion pill, mifepristone, the applicability of the Comstock Act has emerged as a chilling concern for advocates of free speech. This 151-year-old law was originally intended to ban the mailing of materials deemed “obscene, lewd, [or] lascivious,” including contraception and pornography. However, the Act’s connection to the availability of mifepristone is hotly contested and unlikely to gain traction in the Supreme Court. Justices Clarence Thomas and Samuel Alito, while outliers on this issue, have raised the Act’s relevance in the recent oral arguments. … Read more