Stop Comstock Act
- Bill Number
- H.R. 2029
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-03-11: Referred to the Committee on the Judiciary, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Last Updated
- 2026-06-03T08:09:09Z
AI-Generated Summary
Purpose of the Legislation
The "Stop Comstock Act" (H.R. 2029) aims to update and narrow federal laws on mailing and importing materials deemed obscene or immoral. It seeks to eliminate outdated restrictions from the 19th-century Comstock Act, which broadly prohibited items related to contraception, abortion, and indecency, while retaining prohibitions only on truly obscene content (defined as material lacking serious value and appealing to prurient interest, per modern legal standards).
Key Provisions
- Amendments to Title 18, U.S. Code (Criminal Code):
- Section 552: Removes references to "indecent" materials and items for procuring abortions or other "immoral" uses.
- Section 1461 (Mailing Obscene Matter): Declares only "obscene materials" as non-mailable; eliminates bans on lewd, lascivious, or abortion-related items, and removes outdated cross-references to postal laws.
- Section 1462 (Importing Obscene Matter): Limits prohibitions to the importation or transportation of "obscene material" in commerce; updates legal citations (e.g., to Section 230(f)(2) of the Communications Decency Act) and simplifies language to focus solely on obscenity.
- Amendments to the Tariff Act of 1930 (19 U.S.C. § 1305):
- Section 305(a): Strikes bans on importing "immoral" articles, contraceptives, abortion-inducing drugs, or related items; retains authority for the Secretary of the Treasury (via U.S. Customs) to allow imports under certain conditions, but only for obscene materials.
Significant Changes to Existing Law
- Narrows the scope from broad categories like "indecent," "lewd," "lascivious," or abortion/contraception-related items to strictly "obscene materials," aligning with contemporary First Amendment standards (e.g., the Miller test for obscenity from Supreme Court precedent).
- Removes historical Comstock-era language that criminalized mailing or importing birth control information, abortion tools, or "immoral" publications, which had been used to suppress reproductive health resources.
- Simplifies enforcement by eliminating redundant or archaic provisions, such as exceptions for scientific/medical uses of certain drugs.
Potential Impacts
- On Government Agencies: Reduces enforcement burdens for the U.S. Postal Service, Department of Justice, and U.S. Customs and Border Protection by limiting prosecutions to clear obscenity cases; may streamline customs processes by removing reviews of reproductive health imports.
- On Citizens: Enhances access to reproductive health information, contraceptives, and abortion-related materials via mail or import, potentially improving privacy and availability of healthcare resources without federal interference.
- On International Relations: Eases restrictions on imported goods, which could facilitate smoother trade in medical and informational products from abroad, though it has minimal direct impact on foreign policy.
Main Stakeholders Affected
- Reproductive Rights Advocates and Healthcare Providers: Gain freer distribution of educational materials, devices, and medications related to contraception and abortion.
- Publishers, Online Platforms, and Importers: Benefit from reduced legal risks in handling non-obscene content, including books, websites, or products on sexual health.
- Law Enforcement and Postal/Customs Officials: Face fewer ambiguous cases, focusing efforts on genuine obscenity (e.g., child exploitation materials).
- General Public: Indirectly affected through broader First Amendment protections for speech on sensitive topics like sexuality and health.
Notable Legal, Constitutional, or Political Implications
- Legal/Constitutional: Strengthens First Amendment protections by curbing government overreach into private reproductive decisions, building on post-Roe v. Wade precedents (noting the 2022 Dobbs decision overturned Roe but did not revive Comstock restrictions). Could reduce challenges to federal censorship but invite lawsuits if amendments are seen as too narrow.
- Political: Sponsored by over 80 House Democrats, it reflects partisan divides on reproductive rights; passage could signal a push to modernize outdated laws amid ongoing debates over abortion access post-Dobbs, potentially influencing state-level policies or future Supreme Court cases on interstate commerce and speech.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Balint, Becca [D-VT-At Large]
Cosponsors (146)
Rep. Scanlon, Mary Gay [D-PA-5], Rep. Watson Coleman, Bonnie [D-NJ-12], Rep. Amo, Gabe [D-RI-1], Rep. Auchincloss, Jake [D-MA-4], Rep. Barragán, Nanette Diaz [D-CA-44], Rep. Beatty, Joyce [D-OH-3], Rep. Bera, Ami [D-CA-6], Rep. Bonamici, Suzanne [D-OR-1], Rep. Brown, Shontel M. [D-OH-11], Rep. Brownley, Julia [D-CA-26], Rep. Carbajal, Salud O. [D-CA-24], Rep. Carson, André [D-IN-7], Rep. Casten, Sean [D-IL-6], Rep. Carter, Troy A. [D-LA-2], Rep. Casar, Greg [D-TX-35], Rep. Case, Ed [D-HI-1], Rep. Cherfilus-McCormick, Sheila [D-FL-20], Rep. Chu, Judy [D-CA-28], Rep. Cleaver, Emanuel [D-MO-5], Rep. Cohen, Steve [D-TN-9], Rep. Connolly, Gerald E. [D-VA-11], Rep. Craig, Angie [D-MN-2], Rep. Crockett, Jasmine [D-TX-30], Rep. Davis, Danny K. [D-IL-7], Rep. Dean, Madeleine [D-PA-4], Rep. DeGette, Diana [D-CO-1], Rep. DeLauro, Rosa L. [D-CT-3], Rep. DelBene, Suzan K. [D-WA-1], Rep. Deluzio, Christopher R. [D-PA-17], Rep. DeSaulnier, Mark [D-CA-10], Rep. Dexter, Maxine [D-OR-3], Rep. Doggett, Lloyd [D-TX-37], Rep. Espaillat, Adriano [D-NY-13], Rep. Evans, Dwight [D-PA-3], Rep. Figures, Shomari [D-AL-2], Rep. Foushee, Valerie P. [D-NC-4], Rep. Frankel, Lois [D-FL-22], Rep. Friedman, Laura [D-CA-30], Rep. Frost, Maxwell [D-FL-10], Rep. Garamendi, John [D-CA-8], Rep. Garcia, Robert [D-CA-42], Rep. García, Jesús G. "Chuy" [D-IL-4], Rep. Garcia, Sylvia R. [D-TX-29], Rep. Gomez, Jimmy [D-CA-34], Rep. Gottheimer, Josh [D-NJ-5], Rep. Grijalva, Raúl M. [D-AZ-7], Rep. Huffman, Jared [D-CA-2], Rep. Ivey, Glenn [D-MD-4], Rep. Jacobs, Sara [D-CA-51], Rep. Jayapal, Pramila [D-WA-7] and 96 more
Recent Actions
- 2025-03-11: Referred to the Committee on the Judiciary, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-03-11: Referred to the Committee on the Judiciary, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-03-11: Introduced in House
- 2025-03-11: Introduced in House
Bill Versions
- Stop Comstock Act — issued 2025-03-11 — PDF (3 pages)