Stop Comstock Act
- Sponsor
- Sen. Smith, Tina [D-MN]
- Committees
- Judiciary Committee (primary)
- Last action
- Mar 11, 2025
Bottom line
This bill seeks to repeal specific provisions of the Comstock Act, thereby removing federal prohibitions on the mailing and importation of materials related to abortion and other "indecent" items.
What it actually does
The bill, titled the "Stop Comstock Act," amends federal statutes to remove language that prohibits the mailing or importation of "indecent" materials or "means for procuring abortion." Specifically, it targets sections of Title 18 related to obscene materials and Section 305 of the Tariff Act of 1930, aiming to narrow the scope of these laws to solely address "obscene" content, thereby eliminating restrictions based on indecency or abortion-related items.
Proponents argue
Proponents argue that the Comstock Act's provisions regarding "indecent" materials and "means for procuring abortion" are outdated, vague, and have been weaponized to restrict access to reproductive healthcare, including abortion medication. They contend that these provisions pose a significant threat to reproductive freedom, especially in the post-Roe v. Wade era, and that their repeal is essential to protect access to care and prevent a de facto national abortion ban.
Opponents contend
Opponents would likely argue that the existing Comstock Act provisions are necessary to uphold moral standards, protect public health by regulating potentially harmful materials, and prevent the widespread distribution of items that could facilitate abortions, which they view as morally objectionable. They might contend that repealing these provisions would open the floodgates to materials that undermine societal values and could be used to circumvent state-level abortion restrictions.
The bill is very short and straightforward, making it easily accessible for any informed reader to understand its direct legislative changes within minutes.
Section 2(a)(1)
Removal of 'indecent' and 'means for procuring abortion' from import restrictions (18 U.S.C. 552)
This provision amends Section 552 of Title 18, which deals with the importation of certain materials, by striking the phrases "or indecent" and "or means for procuring abortion, or other articles of indecent or immoral use or tendency." This change narrows the scope of prohibited imports to only "obscene" materials, removing restrictions based on indecency or association with abortion.
Supporters argue
Supporters argue this change is crucial to prevent the Comstock Act from being used to block the importation of essential abortion medications and information, ensuring continued access to reproductive healthcare.
Critics contend
Opponents would contend that removing these prohibitions undermines efforts to restrict abortion access and could lead to an influx of materials they deem harmful or immoral.
Tradeoffs
The tension is between protecting access to reproductive healthcare and upholding moral objections to abortion, as well as the scope of federal power to regulate imported materials.
Section 2(a)(2)
Removal of 'indecent' and abortion-related language from mail prohibitions (18 U.S.C. 1461)
This provision revises Section 1461 of Title 18, which prohibits the mailing of certain materials. It strikes broad language encompassing "every obscene, lewd, lascivious" and other terms, replacing it with "All obscene materials are declared." It also removes a specific reference to "section 3001(e) of title 39" and the definition of "indecent," thereby focusing the mail prohibition solely on "obscene" materials and eliminating restrictions on abortion-related items or those deemed merely "indecent."
Section 2(a)(3)
Streamlining language for transportation of obscene material (18 U.S.C. 1462)
This provision amends Section 1462 of Title 18, which concerns the importation or transportation of obscene materials. It updates a cross-reference from "section 230(e)(2)" to "section 230(f)(2)" and, more significantly, simplifies the language regarding prohibited transportation. It strikes a lengthy clause about "commerce—" and various "matter or thing" that "may be obtained or made," replacing it with a direct prohibition on transporting "any obscene material." This clarifies that the focus is solely on obscene material, removing ambiguity that could extend to other "indecent" or abortion-related items.
Section 2(b)
Removal of 'immoral' and abortion-related language from Tariff Act import prohibitions (19 U.S.C. 1305(a))
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 "or any drug or medicine or any article whatever for causing unlawful abortion." It also simplifies a proviso related to drugs. This change removes the prohibition on importing materials deemed "immoral" or specifically intended for "unlawful abortion," aligning the Tariff Act with the bill's overall goal of narrowing federal prohibitions to only "obscene" content.