Define: Comstockery

Comstockery refers to the strict censorship and moralistic views advocated by Anthony Comstock, a 19th-century American social reformer. He was known for his efforts to suppress obscenity and regulate morality through legislation.

While the specific laws and regulations advocated by Anthony Comstock may not be in effect today, the concept of moral censorship and regulation of obscenity is still debated in various contexts. However, modern legal frameworks prioritize individual rights and freedom of expression over moralistic censorship.

Anthony Comstock successfully lobbied for the passage of several laws, including the Comstock Act of 1873, which criminalized the distribution of obscene materials through the mail. He also played a significant role in the passage of the Federal Obscenity Act of 1873 and the subsequent Comstock Laws.

No, the Comstock Laws were largely repealed or declared unconstitutional over time. The last remaining provision, which prohibited the mailing of contraceptive devices and information, was struck down by the Supreme Court in 1971.

The Comstock Laws were criticized for their infringement on freedom of speech and expression. They allowed for the suppression of materials deemed obscene or immoral, often leading to the censorship of artistic, literary, and scientific works.

Yes, several individuals and organisations challenged the Comstock Laws in court, arguing that they violated the First Amendment rights to freedom of speech and expression. Over time, these legal challenges contributed to the erosion of the Comstock Laws.

The current legal standard for obscenity is based on the Miller test, established by the Supreme Court in the 1973 case Miller v. California. This test considers whether the average person, applying contemporary community standards, would find the material appeals to prurient interests, depicts sexual conduct in an offensive way, and lacks serious literary, artistic, political, or scientific value.

Yes, individuals can still be prosecuted for obscenity if their materials meet the legal definition established by the Miller test and are deemed obscene within the specific jurisdiction. However, the enforcement of obscenity laws varies across different jurisdictions.

The internet has presented new challenges for obscenity laws, as it allows for the widespread distribution of explicit materials. Courts have struggled to define the boundaries of obscenity in the digital age, often considering factors such as accessibility, intent, and the age of the audience.

The concept of Comstockery serves as a historical reference point in current debates on censorship, particularly regarding the balance between protecting public morality and upholding individual rights. It highlights the tension between societal norms and the freedom of expression in a democratic society.