Justices Alito, Thomas Invoke Victorian-Era Morality Law, Raising Censorship Concerns

Justices Alito, Thomas Invoke Victorian-Era Morality Law, Raising Censorship Concerns

WASHINGTON — Several national publications reported this week on widespread concern among Free Speech advocates after U.S. Supreme Court Justices Samuel Alito and Clarence Thomas repeatedly invoked, during a hearing, the Comstock Act, an infamous law that was the cornerstone of U.S. censorship of sexual material from the 1870s until the 1970s.

With headlines like “Alito and Thomas kept bringing up Comstock. That scared abortion rights supporters” (Washington Post), “Fears grow over Comstock Act, Justices Thomas, Alito” (The Hill) and “Two Supreme Court Justices Favor Zombie Law From 1873 to Ban Abortion — Justices Alito and Thomas just lent credibility to the Christian right’s attempt to revive the Comstock Act” (The National Review), the articles highlight worries about the dormant statute, which has never been formally repealed even though it has rarely been enforced in the modern era.

Alito and Thomas repeatedly invoked the Comstock Act on Tuesday during arguments about access to the abortion drug mifepristone, “pressing lawyers about whether the 1873 federal law should apply to abortion drugs sent through the mail today,” the Washington Post reported. “Alito rejected the Biden administration’s argument that the law is obsolete — it has not been applied in nearly a century — with the conservative justice insisting that Food and Drug Administration officials should have accounted for the law when expanding access to mifepristone by mail in 2021.”

University of Michigan law professor Leah Litman told the Post, “When you hear the justices asking repeated questions, it’s definitely something that they are interested in,” and called it “outlandish” to propose that the Victorian-era Comstock Act should be enforced in 2024.

Alito, however, contended that the 151-year-old law is “a prominent provision; it’s not some obscure subsection of a complicated, obscure law,” The Hill noted.

The Comstock Act, The Hill explained, “banned the mailing of materials that were deemed ‘obscene, lewd, [or] lascivious,’ which included things such as contraception, abortion drugs and pornography,” and legal experts like Litman “are concerned either Thomas or Alito — or both — could write a Comstock-focused opinion arguing the law is viable. Such an opinion could embolden a future GOP administration and anti-abortion groups to continue pressing forward with plans to enforce the Comstock Act in ways it hasn’t been enforced before.”

The National Review offered context on why the Comstock Act is being revived by the two of the Court’s most staunch conservative ideologues.

“Anti-abortion groups in recent years have repeatedly raised the issue of whether the Comstock Act implicitly outlaws the mailing of abortion medication in its blanket ban on the mailing of ‘obscene’ materials,” the National Review explained, adding that the U.S.’s most notorious 19th-century morality law “is named for an anti-vice crusader who, in 1915, in the middle of a trial based on the law, died and was mocked over his anti-obscenity ‘crusade’ on the front page of The New York Times.”

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

North Carolina Passes Extreme Bill Targeting Adult Sites

The North Carolina state legislature this week ratified a bill that would impose new regulations that industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Supreme Court Ruling Due Friday in FSC v. Paxton AV Case

The U.S. Supreme Court will rule on Friday in Free Speech Coalition v. Paxton, the adult industry trade association's challenge to Texas’ controversial age verification law, HB 1181.

Ofcom: More Porn Providers Commit to Age Assurance Measures

A number of adult content providers operating in the U.K. have confirmed that they plan to introduce age checks in compliance with the Online Safety Act by the July 25 deadline, according to U.K. media regulator Ofcom.

Aylo Says It Will Comply With UK Age Assurance Requirements

Tech and media company Aylo, which owns various adult properties including Pornhub, YouPorn and Redtube, plans to introduce age assurance methods in the United Kingdom that satisfy government rules under the Online Safety Act, the company has announced.

Kyrgyzstan Parliament Approves Measure Outlawing Internet Porn

The Supreme Council of Kyrgyzstan on Wednesday passed legislation outlawing online adult content in the country.

Trial Set for Lawsuit by U Wisconsin Professor Fired Over Adult Content

A trial date of June 22, 2026, has been set for the civil lawsuit filed by veteran communications professor Joe Gow against the University of Wisconsin board of regents, which fired him for creating and appearing in adult content.

New UK Task Force Meets to Target Adult Content

The architect of an influential report that recommended banning adult content deemed “degrading, violent and misogynistic” has convened an “Independent Pornography Review task force” aimed at translating that report’s findings into action in the U.K.

11:11 Creations Launches Affiliate Program

11:11 Creations principal Alicia Silver has launched 11:11 Cash for creators and affiliates.

Pineapple Support, Pornhub to Host 'Self Love' Support Group

Pineapple Support and Pornhub are hosting a free online support group for performers to develop self-love.

Paysite 'RealGirlsFuck' Relaunches as 'Taboolu.com'

Producer/performer Josh Lewis has relaunched his paysite, RealGirlsFuck, as Taboolu.com.

Show More