Stop Comstock Act Aims to Remove Abortion and 'Indecent' Language from Federal Obscenity Laws

The 'Stop Comstock Act' proposes targeted changes to long-standing federal laws governing obscene materials. Specifically, it amends sections of Title 18 of the U.S. Code (sections 552, 1461, 1462) and the Tariff Act of 1930 (section 305) primarily by removing references to 'indecent' materials and language explicitly mentioning abortion-related items or information in the context of mailing and importation restrictions.

Rewriting the Rules on Restricted Materials

So, what's actually changing here? Think of the current laws like a net designed to catch legally 'obscene' materials being mailed or imported, but with extra strands specifically targeting things deemed 'indecent' or related to abortion. This bill proposes snipping those extra strands. For instance, 18 U.S.C. § 552 currently prohibits mailing 'indecent' items or 'means for procuring abortion.' The bill removes that language, leaving the focus solely on 'obscene' materials. Similarly, Section 305 of the Tariff Act, which deals with importing prohibited items, would lose language about 'immoral' articles and specific references to drugs or medicines for causing unlawful abortion. The core idea is to narrow the scope of these specific statutes to just 'obscene materials' as legally defined, removing the separate categories for 'indecent' or abortion-related content.

Mail, Imports, and Information Access: What's the Real-World Angle?

The practical effects hinge on how these changes are interpreted and enforced. Removing the specific ban on mailing or importing abortion-related materials (from 18 U.S.C. § 552 and 19 U.S.C. § 1305) could be seen as clarifying that these items aren't automatically prohibited unless they separately meet the high legal standard for obscenity. However, removing the term 'indecent' also removes a distinction. While 'obscenity' has a specific, three-pronged legal test (the Miller test) that includes lacking serious artistic, literary, political, or scientific value, 'indecency' is a broader concept. Stripping 'indecent' and abortion-specific language focuses these laws squarely on the 'obscenity' standard, but leaves questions about how aggressively that standard might be applied to materials previously considered merely 'indecent' or related to sensitive topics like reproductive health.

Focusing the Legal Lens

Ultimately, this bill refines the language in several key federal statutes dealing with the movement of materials. By deleting terms like 'indecent,' 'immoral,' and specific abortion references from sections 552, 1461, 1462 of Title 18 and section 305 of the Tariff Act, the legislation centers the restrictions in these specific laws around the legal definition of 'obscenity.' It doesn't change the definition of obscenity itself, but it removes other categories of materials from the scope of these particular statutes. The real impact will depend on how courts and enforcement agencies interpret and apply the remaining 'obscenity' standard to materials moving through the mail or across borders, particularly those dealing with health information or constitutionally protected expression.