Sidebar: The Comstock Act, Free Speech and the Legalization of Birth Control

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I’m traveling and otherwise swamped right now, so it’s time for a Sidebar! In this episode we take a break from the 17th century, and look at the campaign to legalize speech about birth control in the 1920s and 1930s, a topic I wrote about more than 40 years ago. In the only original archival work I have ever done, I found a close connection, much of it by back channel, between Margaret Sanger, the most famous advocate for lawful birth control, and Roger Baldwin, the founder of the American Civil Liberties Union. Long before the full recognition of the right of free speech in the United States, which would only happen in its modern form in the 1960s and 1970s, the fight over even the right to advocate for birth control was, fundamentally, the occasion for early expansion of free expression.

Along the way, we look at the persistent relevance of the Comstock Act, the mixed motives of advocates for lawful birth control, an example of “cancel culture” from a hundred years ago, and the still timely problem of organizations staying true to their mission or impairing their credibility by moving out of their lane.

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Selected references for this episode

Roger Baldwin

Robert Minor

The archives of the papers of the American Civil Liberties Union at Princeton University

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