The attorney general is invoking the Comstock Act, an 1873 anti-obscenity law
Texas Attorney General Ken Paxton has issued cease-and-desist letters to multiple organizations demanding an immediate end to what he the unlawful advertising, sale, and shipment of abortion-inducing drugs into the state of Texas.
This legal action follows two cases in Texas in which Paxton said abortion activists and organizations facilitated men illegally purchasing abortion-inducing drugs. According to one lawsuit, a man used the drugs to poison his girlfriend, causing the death of their unborn child, and sending the mother to the hospital.
"Organizations like Plan C and Her Safe Harbor advertise abortion pills by mail and promise delivery to Texas within days, likely in violation of both the federal Comstock Act and multiple provisions of Texas law, including the Human Life Protection Act," Paxton said.
Texas will not tolerate the murdering of innocent life through illegal drug trafficking, she added. These abortion drug organizations and radical activists are not above the law, and I have ordered the immediate end of this unlawful conduct. This is a flagrant violation of both state and federal laws, and we are going to do everything in our power to protect mothers and unborn babies.
Paxton ordered Plan C, Her Safe Harbor, and an affiliate of Aid Access to immediately cease promoting, selling, or facilitating the shipment of abortion drugs to Texas residents. Failure to comply could result in further legal action, lawsuits seeking injunctive relief, and civil penalties of no less than $100,000 per violation under Texas law, he said.
Plan C says it "provides information on how people in the US are accessing abortion pill options online for safe home abortion." Her Safe Harbor advertises "abortion pills prescribed by licensed healthcare providers with free on-demand medical support." Aid Access says:"Abortion pills for people living in all 50 U.S. states are prescribed and mailed by our US abortion providers for $150 or less."
What is the Comstock Act?
The Comstock Act, frequently invoked in abortion cases,is an 1873 U.S. federal law that banned the mailing of obscene materials a category defined very broadly at the time. Its named after Anthony Comstock, a moral reformer who lobbied Congress to pass it and later served as a special agent for the U.S. Post Office to enforce it.
Its key provisions include:
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Obscenity ban: Prohibited the mailing of any obscene, lewd, or lascivious materials.
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Contraceptives & abortion: Explicitly made it illegal to mail or distribute contraceptives, abortion-related information, or devices considered immoral.
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Enforcement power: Gave postal inspectors authority to seize and destroy prohibited items, and to prosecute individuals who mailed them.
Historical Impact
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It was used aggressively in the late 19th and early 20th centuries to suppress materials on sexual health, birth control, and reproductive rights.
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Famous targets included Margaret Sanger, who founded Planned Parenthood, and other early advocates of family planning.
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Courts over time narrowed what counted as obscene, especially after the mid-20th century, making much of the law unenforceable.
Modern Relevance
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Large parts of the Comstock Act have been struck down, repealed, or rendered obsolete.
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However, some provisions technically remain in U.S. law (18 U.S.C. 14611462).
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In recent years, the Act has resurfaced in debates about abortion pills and whether mailing them is legal, especially after the Supreme Courts 2022 Dobbs decision overturning Roe v. Wade. Opponents of abortion have argued that the Comstock Act could be revived to restrict access to medication abortion, while others argue courts have long limited its reach.
Posted: 2025-08-20 18:23:54