Pushback Against Comstock Ideals
Like when many policies are passed, there were those who objected to the Comstock Act. One of the main arguments made against Comstock law was how subjective the concept of obscenity could be. During the 1950s, political scientists were struggling to construct a test that could properly determine a causal-relationship between obscenity and criminality [3]. This relationship is really what Comstock’s ideals and hopes rested upon, and this can be easily seen by looking into his upbringing and his first time combatting “obscene” materials. As a child, he was heavily devoted to the bible and its stories, so he felt that these materials were a crime against God. This translates to when he got the owner of a bookstore arrested in Brooklyn for selling “obscene” literature; thus, the causal relationship between obscenity and criminality was heavily cemented in Comstock’s mind.
Subjectivity
However, there were others who saw these materials and thought the opposite of him. E. B. Foote Sr. is a primary example of this. It was common for Foote Sr. and Comstock to often be on opposing sides. While Comsotck saw all obscene/illicit acts and materials as immoral and criminal, Foote Sr. would say that some, while not necessarily the best, were “ necessary evil[s]” [4]. While both may consider these items to be evil, Comstock and Foote Sr. take up opposing sides of the argument. This right here illustrates how subjective the concept of obscenity can be. Having this form of difference in terms of sociological approach, means there are many avenues for people to interpret their own meanings and ideals. While this acts as a basic example of pushback against the Comstock Act, it helps to establish a foundation for why there was so much controversy over Comstock law.
Birth Control & Privacy
The next big pushback against Comstock law can be seen when discussing the birth control movement. The birth control movement could be considered one of the biggest oppositions faced by the Comstock Act, due to the fact that it brought up the age-old question of privacy. Some, like Anthony Comstock, found contraceptives to be an affront to God and the general idea of disturbing a natural process, such as fertility, to be criminal. This led to many court cases like the Supreme Court (SCOTUS) case of Griswold v. Connecticut. In cases such as this, it was debated whether or not it was a criminal act for married couples to utilize contraceptives. This specific landmark case created the precedent that couples do not need government permission and supervision to use contraceptives [5].
Privacy was the reigning question when it came to Comstock law in the 20th century. Not only did businesses feel that their 1st Amendment right of freedom of the press was being violated, but with contraceptives, they felt that their 9th Amendment rights were being violated. And during World War I, women began to fight more for their right to have control over their bodies. With this, the discussion of women’s bodies and fertility became more public and society needed to adjust to this new outspokenness [6]. These new open concepts tended to clash with Comstock law, which took a more conservative approach to morality. Women were not expected to interfere with their bodily processes, so many legal cases regarding feminine privacy sprouted from the dirt.
[3] Foster, Henry H. “The ‘Comstock Load’. Obscenity and the Law.” The Journal of Criminal Law, Criminology, and Police Science 48, no. 3 (1957): 245. https://doi.org/10.2307/1139582.
[4] Wood, Janice Ruth. The Struggle for Free Speech in the United States, 1872-1915: Edward Bliss Foote, Edward Bond Foote, and Anti-Comstock Operations. ProQuest Ebook Central. New York City, NY: Routledge, 2012. https://ebookcentral-proquest-com.mutex.gmu.edu/lib/gmu /reader.action?docID=325497.
[5] Bailey, Martha J. “‘Momma's Got the Pill’: How Anthony Comstock and Griswold v. Connecticut Shaped Us Childbearing.” American Economic Review 100, no. 1 (2010): 98–129. https://doi.org/10.1257/aer.100.1.98.
[6] Craig, Layne Parish. When Sex Changed: Birth Control Politics and Literature between the World Wars. ProQuest Ebook Central. New Brunswick, NJ, NJ: Rutgers University Press, 2013. https://ebookcentral-proquest-com.mutex.gmu.edu/lib/gmu/reader.action?docID=1562504.