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,[1] crime-inciting matter, or certain abortion-related matter.[2] 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.[3] Amended multiple times since initial enactment, with most recently in 1996,[4] the Act is nonetheless often associated with U.S. Postal Inspector and anti-vice activist Anthony Comstock.[5]
Comstock Act of 1873
Long title
Act for the Suppression of Trade in, and Circulation of, Obscene Literature and Articles of Immoral Use
Bolger v. Youngs Drug Products Corp., 463 U.S. 60 (1983)
Alexander v. United States, 509 U.S. 544 (1993)
The law was applied broadly for much of its history, before the scope of enforcement narrowed after various court rulings, and modern enforcement is primarily focused on prosecuting child pornography (with the most recent conviction under the Act being made in 2021).[6][7] In spite of its contentious nature, something that has throughout the years spawned a variety of legal challenges on enumerated powers doctrine, vagueness doctrine, First Amendment grounds, etc., the Comstock Act has thus far been widely upheld as constitutional.[note 1]
The Comstock Act does not criminalize obscenity, criminal incitement, or abortion directly but it criminalizes the use of the mail, a common carrier, or an interactive computer service in the conveyance of these materials. Since abortion pills like mifepristone are used in over 50% of American abortions,[8][9] the Comstock Act has been the focus of more legal, political, and media attention following litigation and legislative activity by various actors in the U.S. anti-abortion movement who aim to utilize the Act's provisions to restrict abortion access in the United States.[10][11]
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