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Friday, July 9, 19«5
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As We Were Saying
by ROBERT E. SEGAL
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Old Anthony Comstock, who
fought with the Union forces in
the Civil War and soon there
after had the satisfaction of see
ing state legislatures pass laws
he proposed for curbing his fel-
low-Americans’ sinful ways,
wouldn’t be at all happy with
today’s Supreme Court.
For seven of the nine top jur
ists in Washington have struck
down Connecticut’s birth control
law; and even the two dissenters
made 'it clear they have little
use for the legislation but just
didn’t accept the reasoning of
their brother judges in this
instance.
The Comstock Law, a federal
measure, inspired similar laws in
dozens of states, including Con
necticut and Massachusetts. One
of the troubles with the law, from
the beginning, was that it made
no distinction between informa
tion obviously collected for sci
entific purposes and information
put out to satisfy “lewd curiosity.”
The great church historian, An
son Phelps Stokes, wrote of
Comstock’s confused legal putter
ing: “This is an evidence of the
unwisdom of trying to regulate
the dissemination of scientific
knowledge under an obscenity
statute.”
Recent set-backs for censors in
the federal post-office depart
ment and the action not long ago
of a Court of Appeals in Albany,
holding New York State’s movie
censorship methods unconstitu
tional, are additional modern
evidences of the justified revolt
against the misuse of law to sad
dle upon society the restricted
tastes and moral quirks of some
zealots. This is not to say that
law must not be used to help
shape decency; rather it is to
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We invite Charge Accounts
point up the overload placed on
the law by those who would
tell us when we may dance, play
bridge, shop, quench our thirst,
and lift our eyes to the movie
screen.
The fight for freedom to disse
minate birth control information,
t o advise married women regard
ing planned parenthood, and to
engage in the transportation and
sale of contraceptives is an old
fight and a tough one. Today, it
is perhaps best dramatized by the
gingerly way in which county,
state, and federal officials feel
obliged to approach the sticky
issue of certain aspects of family
counseling.
Nor can it be dissociated from
some of the efforts to take note
of the fact that our world popula
tion, now about 3,000,000,000, is
doubling every 35 years and
threatens to reach the staggering
figure of 400,000,000,000 by the
turn of the century.
Younger people would be amaz
ed to learn now that in 1915,
William Sanger was jailed for
distributing through the mails
copies of pamphlets on contracep
tion, written by his crusading
wife, Margaret. And it is amusing
to dig back in the records and
find that the First Congregational
Church of Holyoke, Mass., after
bravely granting Mrs. Sanger the
use of the church premises for
one of her lectures in 1940 in a
gracious nod to the enduring
grandeur of freedom of speech,
felt obliged to rescind the grant
after one of Holyoke’s Catholic
church fathers declared that those
sponsoring the lecture were en
gaging in a work that was un
patriotic and a disgrace to the
Christian community.
So firm was the hold taken by
the Comstock I,aw and similar
legislation enacted in 29 states
that it was not until 1936—some
63 years after passage of the
Comstock Law — that federal
courts decided to permit the
shipment of birth control supplies
and contraceptives information in
interstate commerce where need
ed for fhe well-being" of the
patients. .
We owe a gfwt^«i^J then to
Mrs. Estelle T. Griswold, Execu
tive Director of the Connecticut
Planned Parenthood League, and
Dr. C. Lee Buxton, professor in
the Yale Medical School and
medical director of the League,
who willingly submitted to arrest
in order to get what dissenting
Justice Potter Stewart called
“this silly law” off the books.
The Connecticut clinics will be
reopened; and women greatly in
need of effective counseling con
cerned with conception, pregnan
cies, and family planning will be
helped properly.
New York, following the lead
of other states, has now moved to
liberalize its birth control law.
The last state to act will be
Massachusetts. In that common
wealth, attempts to change the
birth control law by referendum
were beaten down in 1942 and
1948. But now the governor has
named a distinguished commis
sion to review the Bay State’s
law prohibiting the manufacture
and sale of contraceptives. This
procedure obviously has the ap
pro v a I of Richard Cardinal
Cushing who said not long ago:
“Catholics do not need the
support of civil law to be faith
ful to their own religious con
victions and they do not seek to
impose by law their moral views
on other members of society. It
does not seem reasonable to me
New York Bids
Farewell to Katz
Welcome Successor
NEW YORK (JTA)—Hundreds
of Jews active in various Jewish
organizations here came to the
Israeli Consulate to bid farewell
to Ambassador Katriel Katz who
is leaving his post as Israel’s Consul
General in New York to proceed
to his new post as Israel’s Am
bassador to Moscow. They also
welcomed Ambassador Michael
Arnon, the new Israel Consul
General.
Ambassador Avr^ham Harman,
Israel’s envoy to Washington, and
Mrs. Harman tendered a recep
tion to Mr. and Mrs. Katz and
to Mr. and Mrs. Arnon at the
Consulate here. Ambassador Katz,
who became very popular during
his years of service in New York,
to forbid in civil law a practice
that can be considered a matter
of private morality.”
Times are changing.
is sailing with his family to Is
rael prior to assuming his new
post in Moscow. Mr. Arnon had
previously served in the Israel
Embassy in Washington and was
later Israel’s Ambassador in
Ghana.
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