History of Abortion in the United States ( updated 00:13 5/29}

Published:

Updated:

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History of Abortion in the United States

http://studentsforlife.org/prolifefacts/history-of-abortion/

1873 Supported by the American Medical Association (AMA), the Comstock Act bans the dissemination by mail of information on abortion or artificial contraceptives.

http://www.enotes.com/comstock-act-1873-reference/comstock-act-1873

excerpt:
 it remains on the books today and forbids use of the mails to distribute "obscene" material and anything "which is advertised or described in a manner calculated to lead another to use or apply it for producing abortion...." The act's constitutionality was upheld in three cases on the grounds that the First Amendment does not protect "obscene" speech (Smith v. United States, 1977; United States v. Reidel, 1971; and Roth v. United States, 1957). However, the courts have not ruled on its provisions regarding abortion-related information, largely because they are not enforced.

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Update 00:13 5/59

http://www.enotes.com/comstock-act-1873-reference/comstock-act-1873

excerpt:
Surprisingly, the act's restrictions regarding abortion-related information remain on the books, even though the restrictions are inconsistent with the Supreme Court's 1973 decision in Roe v. Wade. In 1994 Congress increased the maximum fine for a first-time violation of the act from $5,000 to $250,000. In 1996 Congress amended the Comstock Act to extend the ban on abortion-related information to the Internet. Although bills have been introduced in both the House and Senate to repeal the abortion-related provisions of the Comstock Act, they have not become the law. Alexander Sanger, president of Planned Parenthood of New York City, and other plaintiffs filed a lawsuit challenging the 1996 amendments to the Comstock Act, but the suit was dismissed because the government had not yet attempted to enforce the act. As long as the government chooses to ignore the Comstock Act, it is unlikely to go away.

Entry #2,678

Comments

Avatar JAP69 -
#1
"The act's constitutionality was upheld in three cases on the grounds that the First Amendment does not protect "obscene" speech "
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Someone sure as he!! is not enforcing the comstock act. And it has been upheld by the court three time.
A citizen could file charges for receiving material on producing abortion.
Avatar JAP69 -
#2
"In 1996 Congress amended the Comstock Act to extend the ban on abortion-related information to the Internet."
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Get the right people in office who will enforce it.
Avatar rdgrnr -
#3
It seems like we have a pick and choose system on which of our laws are enforced.
It also seems like nobody's got the balls to just do the right thing come hell or high water.

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