Stop Comstock Act
- Bill Number
- S. 951
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-03-11: Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2025-12-06T07:00:46Z
AI-Generated Summary
Purpose
The "Stop Comstock Act" (S. 951) aims to amend federal laws related to the mailing, importation, and transportation of obscene materials by removing outdated references to abortion-related items, contraceptives, and other "indecent" or "immoral" articles. This revises portions of the Comstock Act of 1873 and related statutes to focus solely on truly obscene content, preventing their use to restrict access to reproductive health information and services.
Key Provisions
- Amendments to Title 18, U.S. Code (Criminal Code):
- Section 552: Removes language prohibiting the mailing of "indecent" materials or items for procuring abortions or other "immoral" uses.
- Section 1461: Declares only "obscene materials" as non-mailable, eliminating references to lewd, lascivious, or abortion-related items; also removes definitions tying "indecent" to threats of assassination or other crimes.
- Section 1462: Updates prohibitions on importing or transporting obscene materials via common carriers or interstate commerce, replacing outdated cross-references to modern internet law (Section 230 of the Communications Decency Act) and simplifying language to target only obscene content.
- Amendments to the Tariff Act of 1930 (19 U.S.C. § 1305):
- Removes bans on importing "immoral" articles used for unlawful abortions or contraceptives, while preserving the Secretary of the Treasury's authority to allow certain medical imports under regulation.
Significant Changes to Existing Law
- Narrows the definition of prohibited materials under the Comstock Act from broad categories including "indecent," "lewd," "lascivious," and abortion/contraceptive-related items to strictly "obscene materials" (typically defined as content lacking serious value and appealing to prurient interests, per Supreme Court precedents like Miller v. California).
- Eliminates historical exceptions and provisos that allowed limited importation of drugs or articles for lawful medical use, streamlining the law to exclude reproductive health exceptions entirely by removing the prohibitions.
- Updates technical references (e.g., to Section 230 of the Communications Decency Act) to align with current digital communication laws, ensuring the statutes apply appropriately to modern contexts like online distribution.
Potential Impacts
- On Government Agencies: The U.S. Postal Service, Customs and Border Protection, and Department of Justice may see reduced enforcement burdens, as they no longer need to police abortion or contraceptive-related mailings or imports, potentially freeing resources for other obscenity cases.
- On Citizens: Improves access to reproductive health information, medications (e.g., abortion pills), and contraceptives via mail or import, particularly benefiting those in areas with limited local services; could reduce legal risks for individuals or providers sharing such materials.
- On International Relations: Eases restrictions on importing medical goods from abroad, potentially strengthening ties with countries exporting reproductive health products and aligning U.S. policy with global health standards, though it may draw criticism from nations or groups opposing abortion access.
Main Stakeholders
- Reproductive Rights Advocates and Providers: Groups like Planned Parenthood or individual healthcare providers benefit from reduced federal barriers to distributing abortion-related materials.
- Citizens Seeking Reproductive Health Services: Women and others affected by abortion or contraceptive access, especially in underserved or restrictive states.
- Law Enforcement and Postal/Customs Agencies: Face streamlined duties but may need updated training to focus on narrow obscenity definitions.
- Publishers and Online Platforms: Gain clarity on what content (e.g., educational materials) is protected from federal obscenity charges under Section 230.
Notable Legal, Constitutional, or Political Implications
- Legal/Constitutional: Aligns federal law with post-Dobbs v. Jackson (2022) landscape by preventing the Comstock Act's use to enforce nationwide abortion bans via mail; reinforces First Amendment protections for non-obscene speech on health topics, avoiding overbroad restrictions that courts have struck down as unconstitutional (e.g., in Bolger v. Youngs Drug Products, 1983).
- Political: Introduced by a bipartisan group of Democratic senators, it signals partisan divides on reproductive rights; passage could provoke challenges from conservative lawmakers or states, potentially leading to Supreme Court review on federalism and interstate commerce powers under the Commerce Clause.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (28)
Sen. Baldwin, Tammy [D-WI], Sen. Blumenthal, Richard [D-CT], Sen. Booker, Cory A. [D-NJ], Sen. Cortez Masto, Catherine [D-NV], Sen. Duckworth, Tammy [D-IL], Sen. Fetterman, John [D-PA], Sen. Gillibrand, Kirsten E. [D-NY], Sen. Hirono, Mazie K. [D-HI], Sen. King, Angus S., Jr. [I-ME], Sen. Klobuchar, Amy [D-MN], Sen. Merkley, Jeff [D-OR], Sen. Murphy, Christopher [D-CT], Sen. Padilla, Alex [D-CA], Sen. Reed, Jack [D-RI], Sen. Rosen, Jacky [D-NV], Sen. Schatz, Brian [D-HI], Sen. Schiff, Adam B. [D-CA], Sen. Shaheen, Jeanne [D-NH], Sen. Warner, Mark R. [D-VA], Sen. Warren, Elizabeth [D-MA], Sen. Welch, Peter [D-VT], Sen. Whitehouse, Sheldon [D-RI], Sen. Hassan, Margaret Wood [D-NH], Sen. Kaine, Tim [D-VA], Sen. Hickenlooper, John W. [D-CO], Sen. Heinrich, Martin [D-NM], Sen. Kim, Andy [D-NJ], Sen. Bennet, Michael F. [D-CO]
Recent Actions
- 2025-03-11: Read twice and referred to the Committee on the Judiciary.
- 2025-03-11: Introduced in Senate
Bill Versions
- Stop Comstock Act — issued 2025-03-11 — PDF (3 pages)