United States v. One Package of Japanese Pessaries
Encyclopedia
United States v. One Package of Japanese Pessaries, 86 F.2d 737
(2nd Cir. 1936) (often just U.S. v. One Package), was an in rem United States Court of Appeals
case in the Second Circuit involving birth control
.
and the National Committee for Federal Legislation on Birth Control lobbied Congress to revise this law, but were unsuccessful.
(a pessary
) from a Japan
ese physician
to be shipped from Tokyo
to the United States. Upon arrival in the United States the shipment was seized and confiscated under the Tariff Act of 1930, which had incorporated the anti-contraceptive provisions of the Comstock Act.
A lower court ruled against the government. When the government appealed to the United States Court of Appeals for the Second Circuit
, the appellate court affirmed the lower court's ruling. The appellate court held that the law could not be used to intercept shipments which originated from a doctor. Judge Augustus Noble Hand
wrote, in his decision:
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(2nd Cir. 1936) (often just U.S. v. One Package), was an in rem United States Court of Appeals
United States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
case in the Second Circuit involving birth control
Birth control
Birth control is an umbrella term for several techniques and methods used to prevent fertilization or to interrupt pregnancy at various stages. Birth control techniques and methods include contraception , contragestion and abortion...
.
Background
In 1873 Congress adopted the Comstock Act, which prohibited the importation or mailing of "obscene matter". The law's definition of obscene matter included contraceptives or information about contraception. In the 1930s, Margaret SangerMargaret Sanger
Margaret Higgins Sanger was an American sex educator, nurse, and birth control activist. Sanger coined the term birth control, opened the first birth control clinic in the United States, and established Planned Parenthood...
and the National Committee for Federal Legislation on Birth Control lobbied Congress to revise this law, but were unsuccessful.
The case
Sanger ordered a new type of diaphragmDiaphragm (contraceptive)
The diaphragm is a cervical barrier type of birth control. It is a soft latex or silicone dome with a spring molded into the rim. The spring creates a seal against the walls of the vagina.-Use:...
(a pessary
Pessary
A pessary is a small plastic or silicone medical device which is inserted into the vagina or rectum and held in place by the pelvic floor musculature. - Therapeutic pessaries :...
) from a Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
ese physician
Physician
A physician is a health care provider who practices the profession of medicine, which is concerned with promoting, maintaining or restoring human health through the study, diagnosis, and treatment of disease, injury and other physical and mental impairments...
to be shipped from Tokyo
Tokyo
, ; officially , is one of the 47 prefectures of Japan. Tokyo is the capital of Japan, the center of the Greater Tokyo Area, and the largest metropolitan area of Japan. It is the seat of the Japanese government and the Imperial Palace, and the home of the Japanese Imperial Family...
to the United States. Upon arrival in the United States the shipment was seized and confiscated under the Tariff Act of 1930, which had incorporated the anti-contraceptive provisions of the Comstock Act.
A lower court ruled against the government. When the government appealed to the United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
, the appellate court affirmed the lower court's ruling. The appellate court held that the law could not be used to intercept shipments which originated from a doctor. Judge Augustus Noble Hand
Augustus Noble Hand
Augustus Noble Hand was an American judge who served on the United States District Court for the Southern District of New York and later on the United States Court of Appeals for the Second Circuit. His most notable rulings restricted the reach of obscenity statutes in the areas of literature and...
wrote, in his decision: