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A Gilded Age moral crusader convinced Congress to pass a law banning "obscene, lewd or lascivious" materials from the mail that's central to today's debate over abortion pills.

Findings

Additional insights we found via HISTORY

  1. The 1873 Comstock Act banned mailing such materials, a category Congress expanded to include information on birth control and abortion.

  2. Days after the law passed, the Post Office appointed Comstock a special agent, giving him the power to conduct raids and make arrests.

  3. Congress repealed the law's ban on birth control materials in 1971, but left its abortion-related language on the books.

  4. In May 2026, Justice Clarence Thomas cited the law in a dissent arguing that mailing the abortion drug mifepristone violates federal law, though the Supreme Court majority preserved mail-order access for now.

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