Advice to a Friend on Choosing a Mistress
Encyclopedia
"Advice to a Friend on Choosing a Mistress" is a letter by Benjamin Franklin
Benjamin Franklin
Dr. Benjamin Franklin was one of the Founding Fathers of the United States. A noted polymath, Franklin was a leading author, printer, political theorist, politician, postmaster, scientist, musician, inventor, satirist, civic activist, statesman, and diplomat...

 dated June 25, 1745 in which Franklin counsels a young man about channeling sexual urges. Due to its licentious nature the letter was not published in collections of Franklin's papers in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 during the nineteenth century. Federal court decisions from the mid- to late- twentieth century cited the document as a reason for overturning obscenity laws.

Text

Franklin begins by advising a young man that a cure for sexual urges is unknown, and the proper solution is to take a wife. Then, expressing doubts that the intended reader will actually marry, Franklin names several advantages of marriage. As supplementary advice in case the recipient rejects all previous arguments, Franklin lists seven reasons why an older mistress is preferable to a young one. Advantages include better conversation, less risk of unwanted pregnancy, and greater prudence in conducting an intrigue.

According to John Richard Stevens, the unnamed correspondent is a friend of Franklin's named Cadwaller Colton, and it remains unknown whether Franklin was serious or if the letter was ever delivered. Whether serious or humorous, the letter is frankly sexual:

Censorship

The Mistress letter was not the only document by Franklin that later generations censored. The bawdy portion of Franklin's writing was accepted during his own era. Although the Mistress letter was not published during his lifetime, Franklin's public works include an essay called "Fart Proudly
Fart Proudly
"Fart Proudly" is the popular name of a "notorious essay" about flatulence written by Benjamin Franklin circa 1781 while he was living abroad as United States Ambassador to France.-Description:"A Letter To A Royal Academy" was composed in response to a call for scientific papers from the Royal...

". A passage from his Autobiography
The Autobiography of Benjamin Franklin
The Autobiography of Benjamin Franklin is the traditional name for the unfinished record of his own life written by Benjamin Franklin from 1771 to 1790; however, Franklin himself appears to have called the work his Memoirs...

describes an unsuccessful attempt to seduce a friend's mistress. As John Semonche observes in Censoring Sex: A Historical Journey Through American Media, the autobiography was widely read during the nineteenth century because of its moral lessons, but the passage about the failed seduction was variously altered or deleted entirely. The Mistress letter was omitted from nineteenth century publications of Franklin's works, and by some accounts it was singled out for suppression.

This censorship occurred both informally and under law. The first state to enact obscenity legislation was Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...

 in 1821. During the following decades every state except New Mexico
New Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...

 adopted similar laws. Then the Comstock Act of 1873 made it a federal crime to circulate "obscene, lewd, and/or lascivious" material through the mail.

Although Franklin probably had a variety of mistresses throughout his life, such circumstances were incompatible with patriotic sensibilities a century afterward. Amy Beth Werbel opines bluntly:

Citations

By the mid-twentieth century, United States federal judges were citing the letter in originalist
Originalism
In the context of United States constitutional interpretation, originalism is a principle of interpretation that tries to discover the original meaning or intent of the constitution. It is based on the principle that the judiciary is not supposed to create, amend or repeal laws but only to uphold...

 reasoning to overturn obscenity
Obscenity
An obscenity is any statement or act which strongly offends the prevalent morality of the time, is a profanity, or is otherwise taboo, indecent, abhorrent, or disgusting, or is especially inauspicious...

 laws. A Jerome Frank appellate opinion of 1957 named "Advice to a Young Man on Choosing a Mistress" along with "The Speech of Polly Baker" as two examples that would have convicted one of the nation's leading founding fathers on federal obscenity charges if they had been written and mailed under subsequent law.

The most notable of these citations occurred in the United States Supreme Court case, United States v. 12 200-ft. Reels of Super 8MM. Film. In a dissenting opinion, Justice William O. Douglas
William O. Douglas
William Orville Douglas was an Associate Justice of the United States Supreme Court. With a term lasting 36 years and 209 days, he is the longest-serving justice in the history of the Supreme Court...

 states:
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