Constitutional Freedoms and Medical Legitimization in Popenoe v. Walker

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The constant emergence of new information and subsequent technology generates controversy in government censorship and the essential imposition of an older, temporary response to acceptable social morals. Obscenity is not a definable entity, yet is dynamic and relies on the evolving availability of knowledge that individuals use to formulate their perceptions of certain acts or suppositions. Contraception has long been a polemic issue between malleable populations and governments that through censorship produce a specific designation for obscenity. In the case of Walker v. Popenoe (1945), Dr. Paul Popenoe challenged the Postmaster General’s decision to ban the distribution of his pamphlet entitled “Preparing for Marriage” on the grounds that the information Popenoe provides about sexual fulfillment and contraception within marriage is obscene and violates the obscenity regulations of the Comstock Act of 1873. This paper will argue that the court’s ruling in favor of Popenoe’s pamphlet [and the ACLU’s great involvement] was more indicative of desire to uphold constitutional freedoms and even the developing legitimization of the medical profession over a conscious effort to improve women’s reproductive rights. Despite the Postmaster General’s ban on Popenoe’s pamphlet as obscene material, Popenoe’s reference to contraception and its potential contribution to sexual freedom in a more fulfilling marriage had many contemporary applications. Dr. Paul Popenoe wrote “Preparing for Marriage” with the intention of aiding newlyweds in fostering marital bonds that will lead to more fulfilling and long lasting marriages. According to Popenoe, “some sorts of sexual behavior are more conducive than others to happiness and permanence in marriag... ... middle of paper ... ... publishing medical, sexual material on contraception, there was a minimal conscious effort to improve women’s rights by doing so. The court’s resolution in Walker v. Popenoe represents a much greater emphasis on individual rights guaranteed in the Constitution (first and fifth amendments) and the emerging legitimacy of the American medical profession than making conscious strides to improve women’s rights. A more contemporary convergence of private and public spheres within new medical applications to everyday life also infringes on a woman’s right to reproductive privacy and sexual liberty. The ACLU’s fundamental negligence of Virginia Duncombe as the vital contributor to the case signifies a societal disregard for female privileges in the early-mid 20th century even pertaining to issues that are chiefly concerned with their own wellbeing such as contraception.

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