Correspondence on Mailing Contraceptives in America

Dublin Core

Title

Correspondence on Mailing Contraceptives in America

Subject

Birth Control--Attitudes
Birth Control--Government Policy
Birth Control--U.S. States
Contraceptives--Marketing
Obscenity (Laws)--U.S. States

Description

Legal statement outlining the legality of selling or mailing contraceptives in America by anyone other than a physician. Mr. McWilliams confirmed that it was illegal to do so if one is not a physician by state law, but federal law allows giving information about contraceptives to physicians. He also gives his legal opinion on the law and its future.

Creator

Mr. McWilliam

Date

1936-05-07
1936-05-13

Language

English

Format

Paper correspondence with typed ink and pencil, 12X8 inches

Publisher

Harry Ransom Center

Rights

This electronic resource is made available by the University of Texas Libraries solely for the purposes of research, teaching and private study.

This material is made available for education and research purposes only. The creator of this exhibit does not own the rights for these items; it cannot grant or deny permission to use this material. Copyright law protects unpublished as well as published materials. It is your responsibility to determine the rights status and secure whatever permission may be needed for the use of any item. Due to the nature of archival collections, rights information may be incomplete or out of date. We welcome updates or corrections. Upon request, we'll remove material from public view while we address a rights issue.

Source

Container 198.8, Item Title: Series II, Legal Cases and Causes, General Correspondence 1937-1938, American Birth Control League. Collection: Morris Leopold Ernst Papers, Harry Ransom Center, University of Texas at Austin.

Text Item Type Metadata

Text

File Am. Birth Control League
LEGAL STATEMENT

From a survey of the law as construed and administered today, it is evident that physicians may legally give contraceptives advice and treatment whenever they deem it medically indicted.

As construed in recent decisions, the federal law do not prohibit the mailing of contraceptive supplies and information to physicians, or to other persons upon a physician’s direction, for medical use, [wherever such use is not forbidden by the state law.] The laws of 40 states do not interfere with the use of contraceptives in medical practice. And according to legal opinion, the restrictions which the other 8 states impose in their laws upon the distribution of contraceptive supplies and information do not apply to medical use by physicians. Administrators of the law evidently concur in this opinion, for they permit physicians to give contraceptives advice and treatment in office and clinic.

(Version as dictated by Mr. McWilliams over telephone at 3:30 on May 7th and revised at 3:55. Final)

May 13/1936
Mr. Ernst,
I telephoned to your secretary about the above today, and would like to speak to you hopefully tomorrow morning about it
Yours _____
W___ J McWilliams

Original Format

Paper

Citation

Mr. McWilliam , “Correspondence on Mailing Contraceptives in America,” Community Narratives: Uncovering Hidden Perspectives, accessed November 30, 2021, https://givingvoicetohiddenhistories.omeka.net/items/show/156.

Output Formats

Geolocation