Correspondence on Mailing Contraceptives in America
Dublin Core
Title
Correspondence on Mailing Contraceptives in America
Subject
Birth Control--Attitudes
Birth Control--Government Policy
Birth Control--U.S. States
Contraceptives--Marketing
Obscenity (Laws)--U.S. States
Birth Control--Government Policy
Birth Control--U.S. States
Contraceptives--Marketing
Obscenity (Laws)--U.S. States
Description
Legal statement outlining the legality of selling or mailing contraceptives in America by anyone other than a physician. Mr. McWilliams confirmed that it was illegal to do so if one is not a physician by state law, but federal law allows giving information about contraceptives to physicians. He also gives his legal opinion on the law and its future.
Creator
Mr. McWilliam
Source
Container 198.8, Item Title: Series II, Legal Cases and Causes, General Correspondence 1937-1938, American Birth Control League. Collection: Morris Leopold Ernst Papers, Harry Ransom Center, University of Texas at Austin.
Publisher
Harry Ransom Center
Date
1936-05-07
1936-05-13
1936-05-13
Rights
This electronic resource is made available by the University of Texas Libraries solely for the purposes of research, teaching and private study.
This material is made available for education and research purposes only. The creator of this exhibit does not own the rights for these items; it cannot grant or deny permission to use this material. Copyright law protects unpublished as well as published materials. It is your responsibility to determine the rights status and secure whatever permission may be needed for the use of any item. Due to the nature of archival collections, rights information may be incomplete or out of date. We welcome updates or corrections. Upon request, we'll remove material from public view while we address a rights issue.
This material is made available for education and research purposes only. The creator of this exhibit does not own the rights for these items; it cannot grant or deny permission to use this material. Copyright law protects unpublished as well as published materials. It is your responsibility to determine the rights status and secure whatever permission may be needed for the use of any item. Due to the nature of archival collections, rights information may be incomplete or out of date. We welcome updates or corrections. Upon request, we'll remove material from public view while we address a rights issue.
Format
Paper correspondence with typed ink and pencil, 12X8 inches
Language
English
Text Item Type Metadata
Text
File Am. Birth Control League
LEGAL STATEMENT
From a survey of the law as construed and administered today, it is evident that physicians may legally give contraceptives advice and treatment whenever they deem it medically indicted.
As construed in recent decisions, the federal law do not prohibit the mailing of contraceptive supplies and information to physicians, or to other persons upon a physician’s direction, for medical use, [wherever such use is not forbidden by the state law.] The laws of 40 states do not interfere with the use of contraceptives in medical practice. And according to legal opinion, the restrictions which the other 8 states impose in their laws upon the distribution of contraceptive supplies and information do not apply to medical use by physicians. Administrators of the law evidently concur in this opinion, for they permit physicians to give contraceptives advice and treatment in office and clinic.
(Version as dictated by Mr. McWilliams over telephone at 3:30 on May 7th and revised at 3:55. Final)
May 13/1936
Mr. Ernst,
I telephoned to your secretary about the above today, and would like to speak to you hopefully tomorrow morning about it
Yours _____
W___ J McWilliams
LEGAL STATEMENT
From a survey of the law as construed and administered today, it is evident that physicians may legally give contraceptives advice and treatment whenever they deem it medically indicted.
As construed in recent decisions, the federal law do not prohibit the mailing of contraceptive supplies and information to physicians, or to other persons upon a physician’s direction, for medical use, [wherever such use is not forbidden by the state law.] The laws of 40 states do not interfere with the use of contraceptives in medical practice. And according to legal opinion, the restrictions which the other 8 states impose in their laws upon the distribution of contraceptive supplies and information do not apply to medical use by physicians. Administrators of the law evidently concur in this opinion, for they permit physicians to give contraceptives advice and treatment in office and clinic.
(Version as dictated by Mr. McWilliams over telephone at 3:30 on May 7th and revised at 3:55. Final)
May 13/1936
Mr. Ernst,
I telephoned to your secretary about the above today, and would like to speak to you hopefully tomorrow morning about it
Yours _____
W___ J McWilliams
Original Format
Paper
Citation
Mr. McWilliam , “Correspondence on Mailing Contraceptives in America,” Hidden Histories UT-Austin, accessed November 23, 2024, https://hiddenhistoriesut.org/items/show/135.
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