The same Republican party that made misdemeanor light beer a federal felony in 1929 had already banned all forms of birth control and related speech since 1873 (when several Democratic States could not vote). Even mentioning condoms and diaphragms was still illegal until after Herbert Hoover was defenestrated and the repeal of prohibition laws began in earnest.
The Confederacy lost the war, was occupied by federal troops, and its representatives barred from standing for office or voting. The result of this first voter suppression gambit was that the Republican candidate got 214 electoral votes to the Democrat’s 80. Nearly 3/4 of the votes that count were interpreted, with whoops of joy, as a mixed-economy mandate for the victorious coalition of Christians and Socialists in November 1868.
The parent act was passed as a postal regulation in 1872, which empowered former Union solder Anthony Comstock (author of Frauds Exposed—an attack on free-speech Liberals), to decide what could be sent by mail and burn what couldn’t. “Liberals” at the time meant social libertarians bent on repealing censorship laws passed in 1865 with the Union victory. Here is the real 1872 parent law that allowed the infiltrator into the postal monopoly. The 1873 amendment made this bad law much worse.
With that crashing foot in the door, the rest of the world horrified and the economy in a deep depression, the law quickly got much worse.
Here is the text of the Comstock law.
March 3, 1873, 42nd Congress, page 1873, amending the already harsh and lengthy postal monopoly law of June 1872, which allowed Comstock himself to meddle in the mail service and begin book burning as an American tradition….
CHAP. CCLVIII—An Act for the Suppression of Trade in and Circulation of, obscene Literature and Articles of Immoral use. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whoever within the District of Columbia or any of the Territories of the United States, or other place within the exclusive jurisdiction of the United States, shall sell, or lend, or give away, or in any manner to exhibit, or shall offer to sell or to lend, or to in any manner exhibit or shall in any way publish or offer to publish in any manner, or shall have in his possession, for any such purpose or purposes, any obscene book, pamphlet, paper, writing, advertisement, circular, print, picture, drawing or other representation, figure or image on or of paper or other material, or any cast, instrument, or other article of an immoral nature, or any drug or medicine, or any article whatever for the prevention of conception, or for causing unlawful abortion, or shall advertize the same for sale, or shall write or print, or cause to be written or printed, any card, circular, book, pamphlet, advertisement, or notice of any kind, stating when, where, how, or of whom, or by what means, any of the articles in this section hereinbefore mentioned, can be purchased or obtained, or shall manufacture, draw, or print, or in any wise make any of such articles, shall be deemed guilty of a misdemeanor, and, on conviction thereof in any court of the United States, or in any Territory or place within the exclusive jurisdiction within the United States, where such misdemeanor shall have been committed; and on conviction thereof, he shall be imprisoned at hard labor in the penitentiary for not less than six months nor more than five years for each offense, or fined not less than $100 nor more than $2000, with costs of court.
SEC 2. That section one hundred and forty eight of the act to revise, consolidate, and amend the statutes relating to the Post-office Department, approved June eighth, eighteen hundred and seventy-two, be amended to read as follows:
“Sec. 148. That no obscene, lewd, or lascivious book, pamphlet, picture, paper, print, or other publication of an indecent character, or any article or thing designed or intended for the prevention of conception or procuring abortion, or any article or thing intended or adapted for any indecent or immoral use or nature, or any written or printed card, circular, book, pamphlet, advertisement or notice of any kind giving information, directly or indirectly, where, how, of whom, or by what means either of the things before mentioned may be obtained or made, nor any letter upon the envelope of which, or postal-card upon which indecent or scurrilous epithets may be written or printed, shall be carried in the mail, and any person who shall knowingly deposit, or cause to be deposited, for mailing or delivery, any of the hereinbefore-mentioned articles or things, or any notice or paper containing any advertisement relating to the aforesaid articles or things, or any notice, or paper containing any advertisement relating to the aforesaid articles or things, and any person who, in pursuance of any plan or scheme for disposing of any of the hereinbefore-mentioned articles or things shall take, or cause to be taken, from the mail or any such letter or package, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall, for every offense, be fined not less than one hundred dollars nor more than five thousand dollars or imprisoned at hard labor not less than one year nor more than ten years, or both, in the discretion of the judge.”
[$5000 would in 1873 buy 221 oz of gold, today worth over $295,000]
SEC. 3. That all persons are prohibited from importing into the United States from any foreign country any of the hereinbefore-mentioned articles or things, except the drugs hereinbefore-mentioned when imported in bulk, and not put up for any of the purposes before mentioned; and all such prohibited articles in the course of importation shall be detained by the officer of customs, and proceedings taken against the same under section five of this act.
[asset forfeiture provision]
SEC. 4. That whoever, being an officer, agent, or employee of the government of the United States shall knowingly aid or abet any person engaged in the violation of this act, shall be deemed guilty of a misdemeanor and, on conviction thereof, shall for every offense be punished as provided in section two of this act.
SEC 5. That any judge of any district or circuit court of the United States within the proper district, before whom complaint in writing of any violation of this act shall be made, to the satisfaction of such judge, and founded on knowledge or belief, and, if upon belief, setting forth the grounds of such belief, and supported by oath or affirmation by the complainant, may issue, conformably to the Constitution, a warrant, directing him to search for, seize and take possession of any such article or thing hereinbefore mentioned, and to make due and immediate return thereof, to the end that same may be condemned and destroyed by proceedings, which shall be conducted in the same manner as other proceedings in case of municipal seizure, and with the same right of appeal or writ of error: Provided, That nothing in this section shall be construed as repealing the one hundred and forty-eighth section of the act of which this act is amendatory, or to affect any indictments heretofore found for offenses against the same, but the said indictments may be prosecuted to judgment as if this section had not been enacted. APPROVED March 3, 1873.
Today the Prohibition party is reduced to pseudoscientific sputtering that Global Warming presents an “existential threat,” and proposes to transfer part of U.S. sovereignty to “other nations in mitigating its effects.” It also wails feebly against “anchor babies,” and decries the exercise of First Amendment rights by gays as “an abomination to God,” then advances the usual shibboleths calling for men with guns to ban plant leaves, betting, wine, beer, etc… Gone is the demand for a Constitutional Amendment to undo the Libertarian Roe v. Wade decision. Infiltrators have instead focussed on molding the Libertarian Party into a subsidiary copy of the original party that as of 1908 helped Socialists inject the communist manifesto income tax into the US constitution. The Prohibition party’s softened 2016 plank on birth control was:
We consider abortion to be morally repugnant. We will implement policies to minimize the number of abortions without infringing on the doctor/patient relationship and without thrusting government into family decisions about child rearing. Abortion procedures should not be funded by government.
The copy smuggled into the 2016 Libertarian Platform, to the discomfiture of women voters, runs:
Recognizing that abortion is a sensitive issue and that people can hold good-faith views on all sides, we believe that government should be kept out of the matter, leaving the question to each person for their conscientious consideration.
Before the Roe v. Wade decision incorporated the Libertarian plank into jurisprudence, the Democrats and Republicans, content with the Comstock laws, had nothing to say about birth control. Then for 46 years Republicans and Prohibitionists yelped for an Amendment to override the Supreme Court. Today these anti-individualist looters stoop to infiltration, exploiting our resentment of the income tax they themselves imported from Germany, instead of calling for its repeal. The prohibitionist-inspired straddle plank is an affront to self-ownership and individual rights and ought to be deleted entirely from the LP platform.