Prohibition and Birth Control

Prohibition in the United States

Historical Context:
- The history of alcohol is deeply intertwined with the history of the United States.
- Prohibition had diverse supporters who often disagreed on other issues, including Republicans, Democrats, the KKK, the NAACP, labor unions, and industrialists like Ford, Rockefeller, and Carnegie.
- Motivations for supporting prohibition varied, but often involved regulating the behavior of others.
Early American Drinking Culture:
- Alcohol consumption was significantly higher in early America than today, about three times as much.
- Water was often unsafe to drink, making alcohol a safer alternative due to the boiling process involved in its production.
- Even children drank beer, albeit a watered-down version.
- In the 1790s, the average American consumed about six gallons of alcohol per year, compared to less than two gallons today.
Concerns Leading to Prohibition:
- Widespread alcoholism was a significant concern.
- Employers worried about drunk employees operating heavy machinery and being injured.
- Women were particularly concerned about domestic violence linked to alcohol abuse.
- The Women's Christian Temperance Union (WCTU) used "moral suasion" to persuade men to stop drinking, often staging public prayers outside saloons.
- Carrie Nation and her followers took more aggressive action, destroying saloons with axes.
Role of World War I:
- World War I played a crucial role in the passage of Prohibition.
- Arguments included the need to use wheat for bread to feed soldiers and xenophobic sentiments against beer, which was associated with Germany (the "Kaiser's brew").
Passage of the 18th Amendment:
- Most of the country was already "dry" due to state and local laws.
- The amendment passed quickly (in thirteen months) due to wartime fervor.
- The amendment was passed in 1919 but didn't go into effect for a year.
- This allowed people to stockpile alcohol.
Enforcement Challenges:
- There was a lack of planning and resources for enforcing Prohibition.
- It was unclear whether enforcement would be federal, state, or local.
- Supporters underestimated the likelihood of widespread lawbreaking.
Loopholes in the 18th Amendment:
- The amendment did not prohibit consumption of alcohol, only its manufacture, sale, and transportation.
- The definition of "intoxicating liquors" was not clearly defined.
The Volstead Act:
- Defined "intoxicating liquor" to include whiskey and beer.
- Allowed for home brewing of cider and wine for personal consumption (up to 200 gallons per year).
- Exempted alcohol for religious use (sacramental wine) and medicinal purposes (prescriptions from doctors).
Cultural and Economic Changes During Prohibition:
- Public drinking shifted from male-only saloons to speakeasies, where women were more accepted.
- Legal industries like breweries and wineries faced economic devastation.
- People switched to drinking more hard liquor due to ease of transportation, leading to the rise of cocktails to mask the poor taste of homemade alcohol.
- Restaurant sales did not increase as expected; instead, they declined as alcohol consumption moved to the black market.
Enforcement Difficulties:
- There was a lack of community support for enforcing Prohibition.
- Smuggling and bootlegging were rampant.
- Examples included hiding bottles in pigs and trucks with false backs filled with alcohol.
- In Cleveland, the number of illegal bars skyrocketed from 1,200 to 30,000.
End of Prohibition:
- The Great Depression was the primary driver for the repeal of Prohibition.
- Arguments were made that legalizing alcohol would create jobs and generate tax revenue.
- The promise that prohibition would help the economy failed to materialize.

Birth Control and the Comstock Act

Pre-Comstock Era: Before 1873, contraceptives were easily available in pharmacies and through mail-order catalogs.
The Comstock Act (1873):
- Formally titled "An Act for the Suppression of Trade in, and Circulation of, Obscene Literature and Articles of Immoral Use."
- Named after Anthony Comstock, a post office employee and vice investigator.
- Criminalized the distribution of obscene materials or literature through the mail.
- Comstock had a narrow definition of what was considered obscene, including pornography, medical textbooks (with too much nudity), birth control, and sex toys.
Impact of the Comstock Act:
- Made it difficult to share information about or send birth control devices through the mail.
- Led to the use of coded language and hidden phrases in advertising to evade Comstock's scrutiny.
- Examples of coded phrases: "French envelopes" for condoms, "rubber goods" for jets, and "sanitary sponges" for contraceptive sponges.
- Abortifacients were also advertised using coded language, such as "golden female pills" to relieve suppressed menstruation.
Enforcement and Resistance:
- Anthony Comstock policed the mail and investigated potential violations.
- Individuals like Lydia Pinkham were prosecuted for selling products deemed obscene.
- Despite the Comstock Act, condom manufacturers like Julius Schmid (the "king of condoms") continued to produce and sell condoms.
Julius Schmid and Condom Manufacturing:
- Schmid, an immigrant from Germany, used sausage-making equipment to manufacture condoms.
- His brand, "Chic," was highly trusted by consumers.
- Schmid faced raids and arrests but became a multibillionaire by the 1930s.
Condoms and Venereal Disease:
- After World War I, there was a rise in venereal disease, leading to increased demand for condoms.
- Condoms required a prescription and could not be legally advertised until 1977.
- Consumers worried about the reliability of condoms and the lack of liability for defective products.
Trojan Condoms and Trademark Protection:
- Trojan sought trademark protection to assure consumers of reliability.
- The Supreme Court ruled in favor of Trojan, granting trademark protection even for a product that was partially illegal.
Margaret Sanger and Birth Control Advocacy:
- Margaret Sanger was a leading advocate for birth control in the early 20th century.
- Her personal history (her mother had 18 pregnancies and died due to childbirth) motivated her advocacy.
- She published information about contraception in pamphlets, which were seized by Comstock.
- Sanger opened a Planned Parenthood clinic in New York City, providing services in English, Yiddish, and Italian.
The Birth Control Pill:
- The birth control pill became available in 1960 but was initially prescribed for menstrual disorders due to Comstock laws.
- A 1963 Supreme Court decision established a private relationship between women and their doctors, allowing married women access to the pill.
- Single women did not gain access to the pill until 1972.
Advertising Birth Control:
- Legal advertising of birth control became possible after key court decisions.
- Advertisements could openly discuss the pill's function without hiding behind coded language.

Lessons for Legalizing Marijuana

Historical Parallels: Historians were consulted on how to legalize marijuana based on the experiences of Prohibition and birth control.
Current Status: A majority of Americans live in states with some form of legal marijuana, but it remains federally illegal.
Challenges of Legalization: Issues include production, packaging, transportation, sales, taxation, regulatory frameworks, financing (due to banking restrictions), and enforcement.
Colorado vs. Washington State: Two different models were implemented to see which worked best.
- Colorado: vertically integrated (growers also sell the product).
- Washington: growers and sellers are separate entities.
Outcomes: Colorado has higher prices, requires more capital to enter the industry, and offers less consumer choice but generates more tax revenue and has fewer shortages.
Consumer Considerations: Despite higher prices, some consumers prefer legal marijuana for its reliability, transparency, and safety.