Tuesday, November 22, 2011
In 1919 Mary Ware Dennett (1872–1947) published The Sex Side of Life, a sex-education pamphlet for young people that she originally wrote for her sons. The U.S. Post Office declared the pamphlet obscene in April 1922, and Dennett struggled on her own to get the ruling reversed, all the while continuing to distribute The Sex Side of Life through the mail.
In 1928, in consultation with attorney Morris Ernst, Dennett agreed that it was time to test The Sex Side of Life in court. The trial came sooner than anticipated when the Justice Department indicted Dennett for mailing the pamphlet to “Mrs. Carl A. Miles” in Virginia. A jury convicted Dennett of distributing obscene material, and the judge fined her $3,000, which Dennett refused to pay. Newspapers and magazines across the country expressed outrage at the jury’s decision. Dennett became a cause célèbre and received a contract from Vanguard Press to write about her experiences.
Dennett’s conviction was overturned on appeal in 1930. In his decision, Judge Augustus Hand wrote: “The defendant’s discussion of the phenomena of sex is written with sincerity of feeling… Any incidental tendency to arouse sex impulses which such a pamphlet may perhaps have, is apart from and subordinate to its main effect.”
A copy of the pamphlet, as well as correspondence documenting its censorship, is on display in Banned, Burned, Seized, and Censored through January 22.