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Comstock Act of 1873
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, crime-inciting matter, or certain abortion-related matter. The Comstock Act is largely codified across title 18 of the United States Code and was enacted beginning in 1872 with the attachment of a rider to the Post Office Consolidation Act of 1872. Amended multiple times since initial enactment, most recently in 1996, the Act is nonetheless often associated with U.S. Postal Inspector and anti-vice activist Anthony Comstock.
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).
The majority of the Comstock Act is found in sections 1461 and 1462 of chapter 71, title 18 of the United States Code. The rest of chapter 71, title 18, United States Code, consists of various provisions from the Child Protection and Obscenity Enforcement Act of 1988 and the PROTECT Act of 2003.
The first of the two sections of the Comstock Act which are contained under chapter 71, title 18, United States Code, is section 1461. This is the initial Comstock Act provision, as currently amended, and it was first enacted as a rider under Sec. 148 of the Post Office Consolidation Act of 1872. The punishment for violating section 1461 is either a fine, a jail sentence of up to 5 years for a first offense, a jail sentence of up to 10 years for any subsequent offense, or a combination of a jail sentence and a fine, as is stated in its text.
There exists two elements to an offense under section 1461. First, it must relate to that described; chiefly, either obscene or pertaining to abortion. Second, a person must knowingly mail, cause to be mailed, or remove from the mail, anything specified. The following is a brief summary of the matters covered:
There are a number of implications with these specifics listed in 18 U.S.C. § 1461.
First, as summarized in points 1, 2, and 3 above, this section outright criminalizes activities related to the mailing of three categories of objects and to this extent has been upheld as constitutionally valid by the Supreme Court.
Second, as summarized in point 4 above, this section criminalizes activities related to the mailing of information providing as to from who, where, what, or how an article, already criminalized from being mailed outright, may be obtained or made. Although it holds little precedential value, as it was a decision by a United States district court, this provision was ruled unconstitutional (for being overbroad) in United States v. Goldstein (1976).
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Comstock Act of 1873
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, crime-inciting matter, or certain abortion-related matter. The Comstock Act is largely codified across title 18 of the United States Code and was enacted beginning in 1872 with the attachment of a rider to the Post Office Consolidation Act of 1872. Amended multiple times since initial enactment, most recently in 1996, the Act is nonetheless often associated with U.S. Postal Inspector and anti-vice activist Anthony Comstock.
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).
The majority of the Comstock Act is found in sections 1461 and 1462 of chapter 71, title 18 of the United States Code. The rest of chapter 71, title 18, United States Code, consists of various provisions from the Child Protection and Obscenity Enforcement Act of 1988 and the PROTECT Act of 2003.
The first of the two sections of the Comstock Act which are contained under chapter 71, title 18, United States Code, is section 1461. This is the initial Comstock Act provision, as currently amended, and it was first enacted as a rider under Sec. 148 of the Post Office Consolidation Act of 1872. The punishment for violating section 1461 is either a fine, a jail sentence of up to 5 years for a first offense, a jail sentence of up to 10 years for any subsequent offense, or a combination of a jail sentence and a fine, as is stated in its text.
There exists two elements to an offense under section 1461. First, it must relate to that described; chiefly, either obscene or pertaining to abortion. Second, a person must knowingly mail, cause to be mailed, or remove from the mail, anything specified. The following is a brief summary of the matters covered:
There are a number of implications with these specifics listed in 18 U.S.C. § 1461.
First, as summarized in points 1, 2, and 3 above, this section outright criminalizes activities related to the mailing of three categories of objects and to this extent has been upheld as constitutionally valid by the Supreme Court.
Second, as summarized in point 4 above, this section criminalizes activities related to the mailing of information providing as to from who, where, what, or how an article, already criminalized from being mailed outright, may be obtained or made. Although it holds little precedential value, as it was a decision by a United States district court, this provision was ruled unconstitutional (for being overbroad) in United States v. Goldstein (1976).