Stop Comstock Act
- Sponsor
- Rep. Balint, Becca [D-VT-At Large]
- Committees
- Ways and Means Committee (primary)
- Last action
- Mar 11, 2025
Bottom line
The bill aims to explicitly repeal the remaining provisions of the Comstock Act, thereby removing federal prohibitions on the mailing and interstate transport of materials related to abortion and other "indecent" content, leaving only obscenity as a basis for federal restriction.
What it actually does
This bill amends federal statutes, specifically sections 552, 1461, and 1462 of title 18, United States Code, and section 305 of the Tariff Act of 1930. It removes all references to "indecent" materials and "means for procuring abortion" from these laws, thereby narrowing the scope of prohibited mailed, imported, or interstate-transported materials to only those legally defined as "obscene."
Proponents argue
Supporters argue that the Comstock Act is an outdated and dangerous law that could be reinterpreted to impose a de facto national ban on abortion and restrict access to reproductive healthcare, including medication abortion. They contend that its repeal is necessary to protect reproductive freedom and prevent federal overreach, especially in the post-Roe v. Wade landscape.
Opponents contend
Opponents argue that repealing these provisions would remove important federal protections against the distribution of materials deemed harmful or immoral, potentially including those related to abortion. They may contend that the existing laws serve a legitimate purpose in regulating content and protecting public morality, and that the term "obscene" is not sufficient to cover all materials they believe should be restricted.
The bill text is very short and straightforward, making it highly accessible for a quick read.
Section 2(a)(1)
Removal of 'indecent' and 'means for procuring abortion' from 18 U.S.C. 552
This provision strikes the terms "or indecent" and "or means for procuring abortion, or other articles of indecent or immoral use or tendency," from Section 552 of Title 18. This means that the federal prohibition on importing or transporting certain materials will no longer apply to "indecent" items or those related to abortion, but will remain for "obscene" materials.
Supporters argue
Supporters argue this clarifies that the federal government cannot use this statute to restrict access to reproductive healthcare or broadly censor "indecent" materials, aligning federal law with modern interpretations of free speech and reproductive rights.
Critics contend
Opponents may argue that this removes a tool for federal authorities to regulate materials they deem harmful or immoral, particularly those related to abortion, potentially leading to increased availability of such materials.
Tradeoffs
Balances the desire to protect reproductive freedom and free speech against concerns about regulating content and materials related to abortion.
Section 2(a)(2)
Narrowing scope of prohibited mailed materials in 18 U.S.C. 1461
This provision revises Section 1461 of Title 18, which prohibits mailing certain materials. It changes the language from "Every obscene, lewd, lascivious" and related terms to simply "All obscene materials are declared" unlawful. It also removes a specific reference to "section 3001(e) of title 39" and strikes the definition of "indecent" related to assassination. This significantly narrows the scope of materials prohibited from being mailed to only those legally defined as "obscene."
Section 2(a)(3)
Streamlining prohibited interstate transport of materials in 18 U.S.C. 1462
This provision amends Section 1462 of Title 18, which concerns the importation or interstate transport of certain materials. It simplifies the language to prohibit only "any obscene material" in commerce, removing a lengthy list of specific prohibited items and the phrase "things may be obtained or made." It also updates a cross-reference from "section 230(e)(2)" to "section 230(f)(2)." This change narrows the focus of this statute exclusively to obscene materials.
Section 2(b)
Removal of 'immoral' and 'unlawful abortion' from Tariff Act of 1930
This provision amends Section 305(a) of the Tariff Act of 1930, which prohibits the importation of certain articles. It strikes the phrases "or immoral" and "unlawful abortion" from the list of prohibited imports, and simplifies a proviso. This means that the prohibition on importing articles will no longer apply to those deemed "immoral" or related to "unlawful abortion," but will remain for "obscene" materials.