To the Editors of the CRIMSON:
On December 2, the CRIMSON ran a feature on Widener Library and the books that are kept in the "Cage." The article stated, "Any book published in the United States or readily available here will be placed in the regular stacks regardless of its content, with the exception of certain medical works like the Kinsey report and birth control propaganda, which are regulated by Massachusetts." [italics added]
May we throw some light on the Massachusetts law regarding birth control? Here is some information which, if more widely known, would bring into circulation a great deal of important literature and other data now unfortunately being relegated to locked shelves.
There is no Massachusetts law regulating birth control propaganda. There is a law here which makes it illegal for doctors to prescribe medical contraceptives to patients and for anyone to sell or to advertise any drug or device which is intended to be used for contraception.
Thus the law is against prescribing, selling, or advertising contraceptives. Unless a book or periodical advertises a contraceptive, there is no legal reason why it should not be freely circulated.
The misunderstanding about propaganda may stem from 1942 and 1948 when the Planned Parent-hood League attempted to change the law through Initiative Petition and Referendum by "an act to allow physicians to provide medical contraceptive care to married mothers for the protecton of life and health." There is nothing in the law which prohibits propaganda for birth control as a medical, social or economic policy--nor indeed anything which prohibits propaganda against birth control.
New contraceptives have been developed which do not require a visit to a doctor. This makes it possible for women to be told about birth control without the written prescription which the law forbids. Birth control information for married couples can be given by word of mouth. There is no law in Massachusetts prohibiting the use of contraceptives.
We agree that a Harvard institution should comply with state laws but we feel it is the responsibility of an educational institution to ascertain what the law really means. At a time when more and more thinking people all over the world are concerning themselves with the dilemma of over-population, an institution like Widener Library should not withhold from its students any work which deals with a subject of such significance to the survival of mankind as the control of human reproduction. Karl Sax (Harvard M.S. '17, S.Sc. '22), Professor of Botany, President, Planned Parenthood League of Massachusetts.
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