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, with most recently in 1996, the Act is nonetheless often associated with U.S. Postal Inspector and anti-vice activist Anthony Comstock.
Godfrey Lowell Cabot was an American industrialist who founded the Cabot Corporation.
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.
"Banned in Boston" is a phrase that was employed from the late 19th century through the mid-20th century, to describe a literary work, song, motion picture, or play which had been prohibited from distribution or exhibition in Boston, Massachusetts. During this period, Boston officials had wide authority to ban works featuring "objectionable" content, and often banned works with sexual content or foul language. This even extended to the $5 bill from the 1896 "Educational" series of banknotes featuring allegorical figures that were partially nude.
Mary Coffin Ware Dennett was an American women's rights activist, pacifist, homeopathic advocate, and pioneer in the areas of birth control, sex education, and women's suffrage. She co-founded the National Birth Control League in 1915 together with Jessie Ashley and Clara Gruening Stillman. She founded the Voluntary Parenthood League, served in the National American Women's Suffrage Association, co-founded the Twilight Sleep Association, and wrote a famous pamphlet on sex education and birth control. A famous legal case against her eventually became the catalyst for overturning the Comstock laws.
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.
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 Free Expression Policy Project (FEPP) is an organization devoted to assisting researchers with assembling information related to freedom of speech, media democracy, and copyright, and advocating for these issues. Civil liberties lawyer Marjorie Heins founded the nonprofit organization in 2000. Based in Manhattan, New York, it was initially associated with the National Coalition Against Censorship, and subsequently operated as part of the Democracy Program of the Brennan Center for Justice at New York University Law School.
An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin obscēnus, obscaenus, "boding ill; disgusting; indecent", of uncertain etymology. Generally, the term can be used to indicate strong moral repugnance and outrage in expressions such as "obscene profits" and "the obscenity of war". As a legal term, it usually refers to descriptions and depictions of people engaged in sexual and excretory activity.
American Booksellers for Free Expression (ABFE) is a non-profit organization operating as the advocacy wing of the American Booksellers Association (ABA) to promote free speech and expression in the United States. The organization was founded in 1990 as the American Booksellers Foundation for Free Expression (ABFFE). In 2015, the ABFFE merged with the ABA and became ABFE. The organization works at both the national level and at local levels to support individuals who voice opposition to book challenges and bans. ABFE also provides resources and education to booksellers, politicians, the press, and the public on the importance of free expression.
John Saxton Sumner headed the New York Society for the Suppression of Vice (NYSSV), a New York state censorship body empowered to recommend obscenity cases to the appropriate prosecutors. He served as Associate Secretary of the NYSSV for three years, succeeding founder Anthony Comstock as Executive Secretary in 1915, upon the latter's death. Sumner retired in 1950; the organization, by then named the Society to Maintain Public Decency, was disbanded shortly thereafter.
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.
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.
Book censorship is the act of some authority taking measures to suppress ideas and information within a book. Censorship is "the regulation of free speech and other forms of entrenched authority". Censors typically identify as either a concerned parent, community members who react to a text without reading, or local or national organizations. Books have been censored by authoritarian dictatorships to silence dissent, such as the People's Republic of China, Nazi Germany and the Soviet Union. Books are most often censored for age appropriateness, offensive language, sexual content, amongst other reasons. Similarly, religions may issue lists of banned books, such as the historical example of the Catholic Church's Index Librorum Prohibitorum and bans of such books as Salman Rushdie's The Satanic Verses by Ayatollah Khomeini, which do not always carry legal force. Censorship can be enacted at the national or subnational level as well, and can carry legal penalties. In many cases, the authors of these books could face harsh sentences, exile from the country, or even execution.
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 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.
Community Resources for Justice is a Massachusetts-based organization that has worked for over 130 years in social justice in issues like ex-offender re-entry, prison conditions, public safety, and crime prevention. CRJ was formed through the merger of several older organizations in the Boston and New England area, and while most of its work today is focused in the northeastern United States, CRJ is also engaged in work in other states around the nation.
The Captive is a 1926 French play by Édouard Bourdet. The three-act melodrama was among the first Broadway plays to deal with lesbians and caused a scandal in New York City. The play was shut down after 160 performances and prompted the adoption of a state law dealing with obscenity.
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.
