Democratic Senator Tina Smith Proposes Comstock Act Repeal for Sexual Health, Abortion Content

Democratic Senator Tina Smith Proposes Comstock Act Repeal for Sexual Health, Abortion Content

WASHINGTON — Democratic U.S. Senator for Minnesota Tina Smith announced on Thursday plans to introduce legislation to repeal language in the Comstock Act — the infamous law that was the cornerstone of U.S. censorship of all sexual material from the 1870s until the 1970s — concerning distribution of material related to abortion and sexual health.

Smith did not reveal during her announcement the actual text of her proposed Stop Comstock Act (SCA), which has been endorsed by other congressional Democrats such as New York Rep. Pat Ryan.

The Thursday announcement did not make it clear whether Smith and her allies plan to repeal all sex censorship provisions in the Comstock Act and related legislation or, as she seemed to specify in the latter part of her statement, only “language in the Comstock Laws that could be used by an anti-abortion administration to ban the mailing of mifepristone and other drugs used in medication abortions, instruments and equipment used in abortions, and educational material related to sexual health.”

Smith described the Comstock Act as “an arcane 1873 law that Republicans and anti-choice extremists want to misuse to ban abortion nationwide.”

As XBIZ reported, concern about clear and present dangers posed by the Comstock Act spiked this spring as conservative Supreme Court Justices Samuel Alito and Clarence Thomas invoked it in oral arguments, echoing the spirit of the Heritage Foundation-led Project 2025’s call for renewing its enforcement. Enforcement of the act’s outdated provisions could result in the total censorship of adult content, along with other sex-related material.

The Comstock Act, as congressional news site The Hill explained in March, “banned the mailing of materials that were deemed ‘obscene, lewd, or lascivious,’ which included things such as contraception, abortion drugs and pornography.”

Legal experts such as University of Michigan professor Leah Litman, the Hill added, “are concerned either Thomas or Alito — or both — could write a Comstock-focused opinion arguing the law is viable. Such an opinion could embolden a future GOP administration and anti-abortion groups to continue pressing forward with plans to enforce the Comstock Act in ways it hasn’t been enforced before.”

Sen. Smith wrote on Thursday, “The Comstock Act is a 150-year-old zombie law banning abortion that’s long been relegated to the dustbin of history. But extremist Republicans and Trump judges have seized upon the idea of misusing Comstock to bypass Congress and strip women nationwide of their reproductive freedoms. When MAGA Republicans say they intend to use the Comstock Act to control women’s decisions and enact a backdoor national abortion ban, we should believe them. Now that Trump has overturned Roe, a future Republican administration could try to misapply this 150-year-old Comstock law to deny American women their rights, even in states where abortion rights are protected by state law.”

Smith added, “It is too dangerous to leave this law on the books; we cannot allow MAGA judges and politicians to control the lives of American women.”

Her office added that these censorship laws originally “meant to ban the mailing or shipping of every obscene, lewd, indecent, article, matter, thing or device, with the goal of restricting abortion, contraceptives, and even love letters,” and noted that “a future administration hostile to sexual and reproductive health care will willfully misapply these unconstitutionally vague laws to impose a ban on abortion nationwide, even without any Congressional action.”

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

European Industry Initiative Open Mind AI Asks EU to Be Included in AI Legislation Debate

New European industry initiative Open Mind AI penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

Canadian Law Professor: Proposed Age Verification Bill 'Will Make Things Worse'

Leading Canadian newspaper The Globe and Mail this week published an op-ed written by a legal scholar outlining fundamental issues with the Conservative-backed age verification bill currently making its way through Parliament.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

AEBN Publishes Popular Searches for July and August

AEBN has released the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

SWR Data Survey Probes Concerns About Political Attacks on Industry

SWR Data, an adult-sector market research firm led by industry veterans Mike Stabile and MelRose Michaels, has released data from its upcoming 2024 State of the Creator report, illustrating creators’ concerns about political attacks on the industry.

FSC Urges SCOTUS to Strike Down 'Unconstitutional' Texas Age Verification Law

The Free Speech Coalition (FSC) urged the U.S. Supreme Court through a brief filed Monday to strike down Texas’ age verification law as unconstitutional.

Japanese Manga Industry Hit by Credit Card Companies' Anti-Porn Restrictions

Japanese manga retailers are reporting pressure from multinational credit card companies — many based in the U.S. and targeted by anti-porn religious conservatives — to censor their content if they wish to maintain their current payment processing arrangements.

Netherlands Government Continues Porn Probe Following Abuse Allegations

The Dutch government plans to continue investigating the local porn industry in the Netherlands, following a series of abuse allegations involving photographer and self-styled “model scout” Daniël van der W.

Clips4Sale Releases '20 Years of Fetish' Data Survey

Clips4Sale (C4S) has released a report based on 20 years of data and analysis to show how kink and fetish tastes have changed since the site began.

Grooby, Yanks Ink Website Management Deal

Grooby will begin managing Yanks.com under a new company, Blue.xxx.

Show More