A long discredited, arcane 150-year-old law is back in the news... Last week at the Supreme Court, the Comstock Act of 1873 was referenced... during oral arguments in a case dealing with access to... drugs... used in medication abortions. Anti-abortion activists like to bring up the Comstock Act because one of its clauses prohibits sending through the mail 'every article, instrument, substance, drug, medicine or thing' that could possibly lead to an abortion.... That could effectively make abortion impossible to access even in places like Minnesota, which has affirmatively protected a woman’s right to choose.... Back in the 1860s, a former Civil War soldier from rural Connecticut named Anthony Comstock... lobb[ied] for federal legislation that would empower the post office to search for and seize anything in the mail that met Comstock’s criteria for being 'obscene,' 'lewd' or just plain 'filthy'.... In its broad wording, the law not only made it illegal to send pornography through the mail, it also outlawed the sending of medical textbooks for their depictions of the human body, personal love letters that hinted at physical as well as romantic relationships, and even news stories. The whole thing was very silly and impracticable, and that’s why the Comstock Act was relegated to the dustbin of history...."
It's interesting, this "dustbin of history." How does it work? Apparently not well enough to keep things from needing to be repealed by actual statutory law.
William Safire wrote in the NYT about the phrase back in 1983— 40 years ago, but still fresh to me. And he himself was looking back 66 years:


