Indictment of Margaret H. Sanger
8/25/1914
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Margaret Sanger, a nurse, coined the term “birth control” and dedicated herself to educating women. Her own mother had 18 pregnancies in 22 years and died from ovarian cancer. In 1914, Sanger began publishing a monthly newsletter called "The Woman Rebel" to inform women about birth control.
This is one of three indictments against Sanger on obscenity charges. Under the Comstock Laws, information about contraception was deemed obscene and “nonmailable.” The District Attorney chose not to prosecute in this case, due to the public’s enormous support for Sanger.
Anthony Comstock, a New Yorker who created the Committee for the Suppression of Vice in 1872, believed that contraceptives promoted lust and immorality. He influenced Congress to pass the 1873 Comstock Act, which defined birth control as obscene and made it a Federal offence to send contraceptive devices or references to it through the mail. In 1910, Sanger began to challenge Comstock. She opposed censorship as passionately as she promoted a woman’s right to prevent unwanted pregnancies.
Comstock succeeded in having Sanger arrested before he died in 1915. But times had changed, and the public pressured the Government to drop the charges. Sanger lived to see her battle against Comstock vindicated. In 1965, when Sanger was 81, the Supreme Court ruled in Griswold v. Connecticut that laws banning contraceptive use violated the right to privacy.
This is one of three indictments against Sanger on obscenity charges. Under the Comstock Laws, information about contraception was deemed obscene and “nonmailable.” The District Attorney chose not to prosecute in this case, due to the public’s enormous support for Sanger.
Anthony Comstock, a New Yorker who created the Committee for the Suppression of Vice in 1872, believed that contraceptives promoted lust and immorality. He influenced Congress to pass the 1873 Comstock Act, which defined birth control as obscene and made it a Federal offence to send contraceptive devices or references to it through the mail. In 1910, Sanger began to challenge Comstock. She opposed censorship as passionately as she promoted a woman’s right to prevent unwanted pregnancies.
Comstock succeeded in having Sanger arrested before he died in 1915. But times had changed, and the public pressured the Government to drop the charges. Sanger lived to see her battle against Comstock vindicated. In 1965, when Sanger was 81, the Supreme Court ruled in Griswold v. Connecticut that laws banning contraceptive use violated the right to privacy.
This primary source comes from the Records of District Courts of the United States.
Full Citation: United States v. Margaret H. Sanger; 8/25/1914; United States v. Margaret H. Sanger; Criminal Case Files, 1845 - 1979; Records of District Courts of the United States, Record Group 21; National Archives at New Yorkk. [Online Version, https://docsteach.org/documents/document/indictment-margaret-sanger, April 19, 2025]Rights: Public Domain, Free of Known Copyright Restrictions. Learn more on our privacy and legal page.
