The Comstock Act of 1873 is a series of current provisions in Federal law that generally criminalize the involvement of the United States Postal Service, its officers, or a common carrier in conveying obscene matter, crime-inciting matter, or certain abortion-related matter. The Comstock Act is largely codified across title 18 of the United States Code and was enacted beginning in 1872 with the attachment of an extraneous rider to a postal service reconsolidation bill. Amended multiple times since initial enactment, most recently in 1996, the Act is nonetheless often associated with U.S. Postal Inspector and anti-vice activist Anthony Comstock.
Anthony Comstock was an American anti-vice activist, United States Postal Inspector, and secretary of the New York Society for the Suppression of Vice (NYSSV), who was dedicated to upholding Christian morality. He opposed obscene literature, abortion, contraception, masturbation, gambling, prostitution, and patent medicine. The terms comstockery and comstockism refer to his extensive censorship campaign of materials that he considered obscene, including birth control advertised or sent by mail. He used his positions in the U.S. Postal Service and the NYSSV to make numerous arrests for obscenity and gambling. Besides these pursuits, he was also involved in efforts to suppress fraudulent banking schemes, mail swindles, and medical quackery.
The Hicklin test is a legal test for obscenity established by the English case R. v Hicklin (1868). At issue was the statutory interpretation of the word "obscene" in the Obscene Publications Act 1857, which authorized the destruction of obscene books. The court held that all material tending "to deprave and corrupt those whose minds are open to such immoral influences" was obscene, regardless of its artistic or literary merit.
Pascal Avram "Pat" Covici was a Romanian Jewish-American book publisher and editor, best known for his close associations with authors such as John Steinbeck, Saul Bellow, and many more noted American literary figures, mainly through his position at Viking Press.
Joseph Lewis was an American freethinker and atheist activist, publisher, and litigator. During the mid-twentieth century, he was one of America's most conspicuous public atheists, the other being Emanuel Haldeman-Julius. Born in Montgomery, Alabama to a Jewish family, he was forced by poverty to leave school at the age of nine to find employment. He read avidly, becoming self-educated. Lewis developed his ideas from reading, among others, Robert G. Ingersoll, whose published works made him aware of Thomas Paine. He was first impressed by atheism after having read a large volume of lectures of Ingersoll devoted to his idol Paine, which was brought to their house by his older brother. He later credited Paine's The Age of Reason with helping him abandon theism.
Morris Leopold Ernst was an American lawyer and prominent attorney for the American Civil Liberties Union (ACLU). In public life, he defended and asserted the rights of Americans to privacy and freedom from censorship, playing a significant role in challenging and overcoming the banning of certain works of literature and in asserting the right of media employees to organize labor unions. He also promoted an anti-communist stance within the ACLU itself, and was a member of the President's Committee on Civil Rights.
The New England Watch and Ward Society was a Boston, Massachusetts, organization involved in the censorship of books and the performing arts from the late 19th century to the middle of the 20th century. After the 1920s, its emphasis changed to combating the spread of gambling. In 1957 the organization's name was changed to the New England Citizens Crime Commission, and in 1967 it became the Massachusetts Council on Crime and Correction. In 1975 it was merged with another organization to form Community Resources for Justice, a group that promotes prison reform and rights for formerly incarcerated persons.
In the United States, censorship involves the suppression of speech or public communication and raises issues of freedom of speech, which is protected by the First Amendment to the United States Constitution. Interpretation of this fundamental freedom has varied since its enshrinement. Traditionally, the First Amendment was regarded as applying only to the Federal government, leaving the states and local communities free to censor or not. As the applicability of states rights in lawmaking vis-a-vis citizens' national rights began to wane in the wake of the Civil War, censorship by any level of government eventually came under scrutiny, but not without resistance. For example, in recent decades, censorial restraints increased during the 1950s period of widespread anti-communist sentiment, as exemplified by the hearings of the House Committee on Un-American Activities. In Miller v. California (1973), the U.S. Supreme Court found that the First Amendment's freedom of speech does not apply to obscenity, which can, therefore, be censored. While certain forms of hate speech are legal so long as they do not turn to action or incite others to commit illegal acts, more severe forms have led to people or groups being denied marching permits or the Westboro Baptist Church being sued, although the initial adverse ruling against the latter was later overturned on appeal to the U.S. Supreme Court case Snyder v. Phelps.
The "Genius" is a semi-autobiographical novel by Theodore Dreiser, first published in 1915. The story concerns Eugene Witla, a talented painter of strong sexual desires who grapples with his commitment to his art and the force of his erotic needs. The book sold 8,000 copies in the months immediately following publication but encountered legal difficulties when it was declared potentially obscene. Dreiser's publisher was nervous about continuing publication and recalled the book from bookstores, and the novel did not receive broad distribution until 1923. When The "Genius" was reissued by a different publisher, the firm of Horace Liveright, it immediately sold more than 40,000 copies.
Gangster Stories was a controversial pulp magazine of the early 1930s. It featured hardboiled crime fiction that glorified the gun-toting gangsters of the Prohibition era. It was published by Harold Hersey, as part of his Good Story Magazine Company pulp chain. The inaugural issue was dated November 1929; the final issue was dated November 1932. When Hersey sold his assets to another company, Gangster Stories was continued under the title Greater Gangster Stories, under which it lasted through the May 1934 issue.
The New York Society for the Suppression of Vice was an institution dedicated to supervising the morality of the public, founded in 1873. Its specific mission was to monitor compliance with state laws and work with the courts and district attorneys in bringing offenders to justice. It and its members also pushed for additional laws against perceived immoral conduct. While the NYSSV is better remembered for its opposition to literary works, it also closely monitored the newsstands, commonly found on city sidewalks and in transportation terminals, which sold the popular newspapers and periodicals of the day.
William Henry Parsons headed the New York Society for the Suppression of Vice from 1930 until his death. Previously he had served as the society's treasurer, from 1912-1930. Born in New York City he attended the Park Institute at Rye and then Yale University, graduating in 1882. He was president of Parsons, Whittemore, Inc., an elder at Madison Avenue Presbyterian Church, and a member of the Brooklyn branch of the YMCA. He was married to Laura Wolcott Collins who died in 1928. They had three sons and two daughters.
Boni & Liveright is an American trade book publisher established in 1917 in New York City by Albert Boni and Horace Liveright. Over the next sixteen years the firm, which changed its name to Horace Liveright, Inc., in 1928 and then Liveright, Inc., in 1931, published over a thousand books. Before its bankruptcy in 1933 and subsequent reorganization as Liveright Publishing Corporation, Inc., it had achieved considerable notoriety for editorial acumen, brash marketing, and challenge to contemporary obscenity and censorship laws. Their logo is of a cowled monk.
Book censorship is the removal, suppression, or restricted circulation of literary, artistic, or educational material on the grounds that it is objectionable according to the standards applied by the censor. The first instance of book censorship in what is now known as the United States, took place in 1637 in modern-day Quincy, Massachusetts. While specific titles caused bouts of book censorship, with Uncle Tom’s Cabin frequently cited as the first book subject to a national ban, censorship of reading materials and their distribution remained sporadic in the United States until the Comstock Laws in 1873. It was in the early 20th century that book censorship became a more common practice and source of public debate. Throughout the 20th and early 21st centuries there have been waves of attempts at widespread book censorship in the US. Since 2022, the country has seen a dramatic increase of attempted and successful censorship, with a 63% rise in reported cases between 2022 and 2023, including a substantial rise in challenges filed to hundreds of books at a time. In recent years, about three-fourths of books subject to censorship in the US are for children, pre-teenagers, and teenagers.
United States obscenity law deals with the regulation or suppression of what is considered obscenity and therefore not protected speech or expression under the First Amendment to the United States Constitution. In the United States, discussion of obscenity typically relates to defining what pornography is obscene. Issues of obscenity arise at federal and state levels. State laws operate only within the jurisdiction of each state, and state laws on obscenity differ. Federal statutes ban obscenity and child pornography produced with real children. Federal law also bans broadcasting of "indecent" material during specified hours.
The Demi-Virgin is a three-act play written by Avery Hopwood. Producer Albert H. Woods staged it on Broadway, where it was a hit during the 1921–22 season. The play is a bedroom farce about former couple Gloria Graham and Wally Deane, both movie actors, whose marriage was so brief that the press speculated about whether Gloria was still a virgin. She attempts to seduce Wally when they are forced to reunite for a movie, but after playing along he surprises her by revealing that their divorce is not valid.
Charles Albert Oberwager was a lawyer and later a judge in Manhattan who presided over the case of the publication of Satyricon in 1922, ruling it was a classic book and not a pornographic book.
The obscenity trial over the publication of James Joyce's Ulysses in The Little Review, an American literary magazine, occurred in 1921 and effectively banned publication of Joyce's novel in the United States. After The Little Review published the "Nausicaa" episode of Ulysses in the April 1920 issue of the magazine, the New York Society for the Suppression of Vice instigated obscenity charges against Little Review editors Margaret Caroline Anderson and Jane Heap. The editors were found guilty under laws associated with the Comstock Act of 1873, which made it illegal to send materials deemed obscene through the U.S. Mail. Anderson and Heap incurred a $100 fine, and were forced to cease publishing Ulysses in The Little Review.
Rabe v. Washington, 405 U.S. 313 (1972), was a decision by the United States Supreme Court involving the application of obscenity laws and criminal procedure to the states. On 29 August 1968, William Rabe, the manager of a drive-in movie theater in Richland, Washington, was arrested on obscenity charges for showing the film Carmen, Baby. Due to First Amendment concerns, the local court convicted Rabe not on the basis that the film as a whole was obscene, but that exhibiting it in a drive-in theater was. The Supreme Court reversed the conviction holding that the citizens of Washington had no notice under the Sixth Amendment that the place where a film was shown was an element of the offense.
Family Limitation is a pamphlet written by American family planning activist, educator, writer, and nurse Margaret Sanger that was published in 1914. It was one of the first guides to birth control published in the United States. The 16-page pamphlet details information on, and ingredients for, various contraceptive methods and included illustrations and instructions for use. After the pamphlet was released, Sanger was forced to flee the United States to Britain to avoid prosecution under federal anti-obscenity laws, the Comstock Act, which prohibited disseminating information about contraception.
