PART THREE

WHAT SORT OF LAWS DO THE PEOPLE REALLY WANT?

I. DO PHYSICIANS WANT A “DOCTORS ONLY” BILL? 219

Probably most physicians have not yet thought what sort of laws they want—Resolutions by medical associations depend largely on way subject is presented and by whom—Doctors have no interest in retaining obscenity connection, as such—Only few want “doctors only” bill for mercenary reasons—Endorsement proposed for American Medical Association in 1920, side-tracked in department—President of A. M. A. cordial to idea of straight repeal—American Institute of Homoeopathy and various local medical associations endorse Cummins-Vaile Bill—Only two medical associations have endorsed “doctors only” bill—New York Academy of Medicine took “doctors only” stand on recommendation of small sub-committee when many members are for straight repeal—Conferences of doctors and lawyers in Chicago and New York advise against all limited legislation—Dr. Pusey, President of American Medical Association in 1924, warns against “silly legislation”—Straight repeal the only recommendation of conference of doctors and lawyers—Unfair to attempt to hold medical profession legally responsible for moral use of contraceptives—Doctors on the whole more interested in professional prestige and credit for devising contraceptive methods than in any exclusive control of their use.

II. WHAT DO THE PEOPLE WANT? 241

People’s first individual want is reliable contraceptive information—Strong probability that people prefer decent enforceable laws to those which are dirty and unenforceable—Choice can not be put up to United States town-meeting fashion—Reader asked to make own choice by elimination of what he does not want—Do you consider contraception indecent?—Should laws penalize the decent majority in order to reach the depraved few?—Should the control of conception itself be made a criminal act by law?—Abstinence as method of birth control has no legal standing in the U. S.—Do you want unenforceable laws?—Can “doctors only” laws accomplish their own aims?—Are they enforceable?—Do all contraceptives require personal medical instruction?—Proponents of “doctors only” bill admit that they do not—English birth control organizations disapprove “doctors only” stand—Best known English authority on birth control is biologist, not M.D.—Are laws to curb improper advertising of contraceptives practicable?—Average citizen too occupied to analyze legislative proposals—Proponents of limited legislation backward about explaining their bills to the public—They refuse to debate openly or confer privately with proponents of freedom bill.

III. CAN THE PEOPLE GET WHAT THEY WANT? 262

Congress will do what the people want if the request is made clearly and forcibly enough—Inhibitions are waning—Later generations will not bless birth control workers or Congress if legislation is bungled now—Danger of blundering as Comstock blundered—Those who mean well regarding legislation must do well—Present laws unconstitutional—First class legal opinion deems all “doctors only” laws unconstitutional also—Time to discard governmental distrust of the people.

APPENDICES 267