text:
Eisenstadt v. Baird, 405 U.S. 438 (1972)
Supreme Court of the United States
Filed: March 22nd, 1972
Precedential Status: Precedential
Citations: 405 U.S. 438, 92 S. Ct. 1029, 31 L. Ed. 2d 349, 1972 U.S. LEXIS 145
Docket Number: 70-17
Supreme Court Database ID: 1971-079
Author: William Joseph Brennan Jr.

405 U.S. 438 (1972)
EISENSTADT, SHERIFF
v.
BAIRD.

No. 70-17.
Supreme Court of United States.

Argued November 17-18, 1971.
Decided March 22, 1972.
APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT.
*439 Joseph R. Nolan, Special Assistant Attorney General of Massachusetts, argued the cause for appellant. With him on the brief were Robert H. Quinn, Attorney General, John J. Irwin, Jr., and Ruth I. Abrams, Assistant Attorneys General, and Garrett H. Byrne.

Joseph D. Tydings argued the cause for appellee. With him on the briefs was Joseph J. Balliro.

Briefs of amici curiae urging affirmance were filed by Harriet F. Pilpel and Nancy F. Wechsler for the *440 Planned Parenthood Federation of America, Inc.; by Roger P. Stokey for the Planned Parenthood League of Massachusetts; by Melvin L. Wulf for the American Civil Liberties Union et al.; and by Sylvia S. Ellison for Human Rights for Women, Inc.

MR. JUSTICE BRENNAN delivered the opinion of the Court.

Appellee William Baird was convicted at a bench trial in the Massachusetts Superior Court under Massachusetts General Laws Ann., c. 272, § 21, first, for exhibiting contraceptive articles in the course of delivering a lecture on contraception to a group of students at Boston University and, second, for giving a young woman a package of Emko vaginal foam at the close of his address.[1] The Massachusetts Supreme Judicial Court unanimously set aside the conviction for exhibiting contraceptives on the ground that it violated Baird's First Amendment rights, but by a four-to-three vote sustained the conviction for giving away the foam. Commonwealth v. Baird, 355 Mass. 746, 247 N.E.2d 574 (1969). Baird subsequently filed a petition for a federal writ of habeas corpus, which the District Court dismissed. 310 F. Supp. 951 (1970). On appeal, however, the Court of Appeals for the First Circuit vacated the dismissal and remanded the action with directions to grant the writ discharging Baird. 429 F.2d 1398 (1970). This appeal by the Sheriff of Suffolk County, Massachusetts, followed, and we noted probable jurisdiction. 401 U.S. 934 (1971). We affirm.

Massachusetts General Laws Ann., c. 272, § 21, under which Baird was convicted, provides a maximum five-year term of imprisonment for "whoever . . . gives away . . . any drug, medicine, instrument or article whatever *441 for the prevention of conception," except as authorized in § 21A. Under § 21A, "[a] registered physician may administer to or prescribe for any married person drugs or articles intended for the prevention of pregnancy or conception. [And a] registered pharmacist actually engaged in the business of pharmacy may furnish such drugs or articles to any married person presenting a prescription from a registered physician."[2] As interpreted by the State Supreme Judicial *442 Court, these provisions make it a felony for anyone, other than a registered physician or pharmacist acting in accordance with the terms of § 21A, to dispense any article with the intention that it be used for the prevention of conception. The statutory scheme distinguishes among three distinct classes of distributees—first, married persons may obtain contraceptives to prevent pregnancy, but only from doctors or druggists on prescription; second, single persons may not obtain contraceptives from anyone to prevent pregnancy; and, third, married or single persons may obtain contraceptives from anyone to prevent, not pregnancy, but the spread of disease. This construction of state law is, of course, binding on us. E. g., Groppi v. Wisconsin, 400 U.S. 505, 507 (1971).

The legislative purposes that the statute is meant to serve are not altogether clear. In Commonwealth v. Baird, supra, the Supreme Judicial Court noted only the State's interest in protecting the health of its citizens: "[T]he prohibition in § 21," the court declared, "is directly related to" the State's goal of "preventing the distribution of articles designed to prevent conception which may have undesirable, if not dangerous, physical consequences." 355 Mass., at 753,  247 N.E. 2d, at 578. In a subsequent decision, Sturgis v. Attorney General, 358 Mass. 37, ___, 260 N.E.2d 687, 690 (1970), the court, however, found "a second and more compelling ground for upholding the statute"—namely, to protect morals through "regulating the private sexual lives of single persons."[3] The Court of Appeals, for reasons that will *443 appear, did not consider the promotion of health or the protection of morals through the deterrence of fornication to be the legislative aim. Instead, the court concluded that the statutory goal was to limit contraception in and of itself—a purpose that the court held conflicted "with fundamental human rights" under Griswold v. Connecticut, 381 U.S. 479 (1965), where this Court struck down Connecticut's prohibition against the use of contraceptives as an unconstitutional infringement of the right of marital privacy. 429 F. 2d, at 1401-1402.

We agree that the goals of deterring premarital sex and regulating the distribution of potentially harmful articles cannot reasonably be regarded as legislative aims of §§ 21 and 21A. And we hold that the statute, viewed as a prohibition on contraception per se, violates the rights of single persons under the Equal Protection Clause of the Fourteenth Amendment.

I

We address at the outset appellant's contention that Baird does not have standing to assert the rights of unmarried persons denied access to contraceptives because he was neither an authorized distributor under § 21A nor a single person unable to obtain contraceptives. There can be no question, of course, that Baird has sufficient interest in challenging the statute's validity to satisfy the "case or controversy" requirement of Article III of the Constitution.[4] Appellant's argument, however, is that *444 this case is governed by the Court's self-imposed rules of restraint, first, that "one to whom application of a statute is constitutional will not be heard to attack the statute on the ground that impliedly it might also be taken as applying to other persons or other situations in which its application might be unconstitutional," United States v. Raines, 362 U.S. 17, 21 (1960), and, second, the "closely related corollary that a litigant may only assert his own constitutional rights or immunities," id., at 22. Here, appellant contends that Baird's conviction rests on the restriction in § 21A on permissible distributors and that that restriction serves a valid health interest independent of the limitation on authorized distributees. Appellant urges, therefore, that Baird's action in giving away the foam fell squarely within the conduct that the legislature meant and had power to prohibit and that Baird should not be allowed to attack the statute in its application to potential recipients. In any event, appellant concludes, since Baird was not himself a single person denied access to contraceptives, he should not be heard to assert their rights. We cannot agree.

The Court of Appeals held that the statute under which Baird was convicted is not a health measure. If that view is correct, we do not see how Baird may be prevented, because he was neither a doctor nor a druggist, from attacking the statute in its alleged discriminatory application to potential distributees. We think, too, that our self-imposed rule against the assertion of third-party rights must be relaxed in this case just as in Griswold v. Connecticut, supra. There the Executive Director of the Planned Parenthood League of Connecticut and a licensed physician who had prescribed contraceptives for married persons and been convicted as accessories to the crime of using contraceptives were held to have standing to raise the constitutional rights of the patients with whom they had a professional relationship. *445 Appellant here argues that the absence of a professional or aiding-and-abetting relationship distinguishes this case from Griswold. Yet, as the Court's discussion of prior authority in Griswold, 381 U. S., at 481, indicates, the doctor-patient and accessory-principal relationships are not the only circumstances in which one person has been found to have standing to assert the rights of another. Indeed, in Barrows v. Jackson, 346 U.S. 249 (1953), a seller of land was entitled to defend against an action for damages for breach of a racially restrictive covenant on the ground that enforcement of the covenant violated the equal protection rights of prospective non-Caucasian purchasers. The relationship there between the defendant and those whose rights he sought to assert was not simply the fortuitous connection between a vendor and potential vendees, but the relationship between one who acted to protect the rights of a minority and the minority itself. Sedler, Standing to Assert Constitutional Jus Tertii in the Supreme Court, 71 Yale L. J. 599, 631 (1962). And so here the relationship between Baird and those whose rights he seeks to assert is not simply that between a distributor and potential distributees, but that between an advocate of the rights of persons to obtain contraceptives and those desirous of doing so. The very point of Baird's giving away the vaginal foam was to challenge the Massachusetts statute that limited access to contraceptives.

In any event, more important than the nature of the relationship between the litigant and those whose rights he seeks to assert is the impact of the litigation on the third-party interests.[5] In Griswold, 381 U. S., at 481, the *446 Court stated: "The rights of husband and wife, pressed here, are likely to be diluted or adversely affected unless those rights are considered in a suit involving those who have this kind of confidential relation to them." A similar situation obtains here. Enforcement of the Massachusetts statute will materially impair the ability of single persons to obtain contraceptives. In fact, the case for according standing to assert third-party rights is stronger in this regard here than in Griswold because unmarried persons denied access to contraceptives in Massachusetts, unlike the users of contraceptives in Connecticut, are not themselves subject to prosecution and, to that extent, are denied a forum in which to assert their own rights. Cf. NAACP v. Alabama, 357 U.S. 449 (1958); Barrows v. Jackson, supra.[6] The Massachusetts statute, unlike the Connecticut law considered in Griswold, prohibits, not use, but distribution.

For the foregoing reasons we hold that Baird, who is now in a position, and plainly has an adequate incentive, to assert the rights of unmarried persons denied access to contraceptives, has standing to do so. We turn to the merits.

II

The basic principles governing application of the Equal Protection Clause of the Fourteenth Amendment are familiar. AS THE CHIEF JUSTICE only recently explained in Reed v. Reed, 404 U.S. 71, 75-76 (1971):

"In applying that clause, this Court has consistently recognized that the Fourteenth Amendment *447 does not deny to States the power to treat different classes of persons in different ways. Barbier v. Connolly, 113 U.S. 27 (1885); Lindsley v. Natural Carbonic Gas Co., 220 U.S. 61 (1911); Railway Express Agency v. New York, 336 U.S. 106 (1949); McDonald v. Board of Election Commissioners, 394 U.S. 802 (1969). The Equal Protection Clause of that amendment does, however, deny to States the power to legislate that different treatment be accorded to persons placed by a statute into different classes on the basis of criteria wholly unrelated to the objective of that statute. A classification `must be reasonable, not arbitrary, and must rest upon some ground of difference having a fair and substantial relation to the object of the legislation, so that all persons similarly circumstanced shall be treated alike.' Royster Guano Co. v. Virginia, 253 U.S. 412, 415 (1920)."
The question for our determination in this case is whether there is some ground of difference that rationally explains the different treatment accorded married and unmarried persons under Massachusetts General Laws Ann., c. 272, §§ 21 and 21A.[7] For the reasons that follow, we conclude that no such ground exists.

First. Section 21 stems from Mass. Stat. 1879, c. 159, § 1, which prohibited, without exception, distribution of articles intended to be used as contraceptives. In Commonwealth v. Allison, 227 Mass. 57, 62, 116 N.E. 265, *448 266 (1917), the Massachusetts Supreme Judicial Court explained that the law's "plain purpose is to protect purity, to preserve chastity, to encourage continence and self restraint, to defend the sanctity of the home, and thus to engender in the State and nation a virile and virtuous race of men and women." Although the State clearly abandoned that purpose with the enactment of § 21A, at least insofar as the illicit sexual activities of married persons are concerned, see n. 3, supra, the court reiterated in Sturgis v. Attorney General, supra, that the object of the legislation is to discourage premarital sexual intercourse. Conceding that the State could, consistently with the Equal Protection Clause, regard the problems of extramarital and premarital sexual relations as "[e]vils . . . of different dimensions and proportions, requiring different remedies," Williamson v. Lee Optical Co., 348 U.S. 483, 489 (1955), we cannot agree that the deterrence of premarital sex may reasonably be regarded as the purpose of the Massachusetts law.

It would be plainly unreasonable to assume that Massachusetts has prescribed pregnancy and the birth of an unwanted child as punishment for fornication, which is a misdemeanor under Massachusetts General Laws Ann., c. 272, § 18. Aside from the scheme of values that assumption would attribute to the State, it is abundantly clear that the effect of the ban on distribution of contraceptives to unmarried persons has at best a marginal relation to the proffered objective. What Mr. Justice Goldberg said in Griswold v. Connecticut, supra, at 498 (concurring opinion), concerning the effect of Connecticut's prohibition on the use of contraceptives in discouraging extramarital sexual relations, is equally applicable here. "The rationality of this justification is dubious, particularly in light of the admitted widespread availability to all persons in the State of Connecticut, unmarried as well as married, of birth-control devices for the *449 prevention of disease, as distinguished from the prevention of conception." See also id., at 505-507 (WHITE, J., concurring in judgment). Like Connecticut's laws, §§ 21 and 21A do not at all regulate the distribution of contraceptives when they are to be used to prevent, not pregnancy, but the spread of disease. Commonwealth v. Corbett, 307 Mass. 7, 29 N.E.2d 151 (1940), cited with approval in Commonwealth v. Baird, 355 Mass., at 754, 247 N.E. 2d, at 579. Nor, in making contraceptives available to married persons without regard to their intended use, does Massachusetts attempt to deter married persons from engaging in illicit sexual relations with unmarried persons. Even on the assumption that the fear of pregnancy operates as a deterrent to fornication, the Massachusetts statute is thus so riddled with exceptions that deterrence of premarital sex cannot reasonably be regarded as its aim.

Moreover, §§ 21 and 21A on their face have a dubious relation to the State's criminal prohibition on fornication. As the Court of Appeals explained, "Fornication is a misdemeanor [in Massachusetts], entailing a thirty dollar fine, or three months in jail. Massachusetts General Laws Ann. c. 272 § 18. Violation of the present statute is a felony, punishable by five years in prison. We find it hard to believe that the legislature adopted a statute carrying a five-year penalty for its possible, obviously by no means fully effective, deterrence of the commission of a ninety-day misdemeanor." 429 F. 2d, at 1401. Even conceding the legislature a full measure of discretion in fashioning means to prevent fornication, and recognizing that the State may seek to deter prohibited conduct by punishing more severely those who facilitate than those who actually engage in its commission, we, like the Court of Appeals, cannot believe that in this instance Massachusetts has chosen to expose the aider and abetter who simply gives away a contraceptive to *450 20 times the 90-day sentence of the offender himself. The very terms of the State's criminal statutes, coupled with the de minimis effect of §§ 21 and 21A in deterring fornication, thus compel the conclusion that such deterrence cannot reasonably be taken as the purpose of the ban on distribution of contraceptives to unmarried persons.

Second. Section 21A was added to the Massachusetts General Laws by Stat. 1966, c. 265, § 1. The Supreme Judicial Court in Commonwealth v. Baird, supra, held that the purpose of the amendment was to serve the health needs of the community by regulating the distribution of potentially harmful articles. It is plain that Massachusetts had no such purpose in mind before the enactment of § 21A. As the Court of Appeals remarked, "Consistent with the fact that the statute was contained in a chapter dealing with `Crimes Against Chastity, Morality, Decency and Good Order,' it was cast only in terms of morals. A physician was forbidden to prescribe contraceptives even when needed for the protection of health. Commonwealth v. Gardner, 1938, 300 Mass. 372, 15 N.E.2d 222."  429 F. 2d, at 1401. Nor did the Court of Appeals "believe that the legislature [in enacting § 21A] suddenly reversed its field and developed an interest in health. Rather, it merely made what it thought to be the precise accommodation necessary to escape the Griswold ruling." Ibid.

Again, we must agree with the Court of Appeals. If health were the rationale of § 21A, the statute would be both discriminatory and overbroad. Dissenting in Commonwealth v. Baird, 355 Mass., at 758, 247 N.E. 2d, at 581, Justices Whittemore and Cutter stated that they saw "in § 21 and § 21A, read together, no public health purpose. If there is need to have a physician prescribe (and a pharmacist dispense) contraceptives, that need is as great for unmarried persons as for married persons." *451 The Court of Appeals added: "If the prohibition [on distribution to unmarried persons] . . . is to be taken to mean that the same physician who can prescribe for married patients does not have sufficient skill to protect the health of patients who lack a marriage certificate, or who may be currently divorced, it is illogical to the point of irrationality." 429 F. 2d, at 1401.[8] Furthermore, we must join the Court of Appeals in noting that not all contraceptives are potentially dangerous.[9] As a result, if the Massachusetts statute were a health measure, it would not only invidiously discriminate against the unmarried, but also be overbroad with respect to the married, a fact that the Supreme Judicial Court itself seems to have conceded in Sturgis v. Attorney General, 358 Mass., at ___, 260 N.E. 2d, at 690, where it noted that "it may well be that certain contraceptive medication and devices constitute no hazard to health, in which event it could be argued that the statute swept too broadly in its prohibition." "In this posture," as the Court of *452 Appeals concluded, "it is impossible to think of the statute as intended as a health measure for the unmarried, and it is almost as difficult to think of it as so intended even as to the married." 429 F. 2d, at 1401.

But if further proof that the Massachusetts statute is not a health measure is necessary, the argument of Justice Spiegel, who also dissented in Commonwealth v. Baird, 355 Mass., at 759, 247 N.E. 2d, at 582, is conclusive: "It is at best a strained conception to say that the Legislature intended to prevent the distribution of articles `which may have undesirable, if not dangerous, physical consequences.' If that was the Legislature's goal, § 21 is not required" in view of the federal and state laws already regulating the distribution of harmful drugs. See Federal Food, Drug, and Cosmetic Act, § 503, 52 Stat. 1051, as amended,  21 U.S. C. § 353; Mass. Gen. Laws Ann., c. 94, § 187A, as amended. We conclude, accordingly, that, despite the statute's superficial earmarks as a health measure, health, on the face of the statute, may no more reasonably be regarded as its purpose than the deterrence of premarital sexual relations.

Third. If the Massachusetts statute cannot be upheld as a deterrent to fornication or as a health measure, may it, nevertheless, be sustained simply as a prohibition on contraception? The Court of Appeals analysis "led inevitably to the conclusion that, so far as morals are concerned, it is contraceptives per se that are considered immoral —to the extent that Griswold will permit such a declaration." 429 F. 2d, at 1401-1402. The Court of Appeals went on to hold, id., at 1402:

"To say that contraceptives are immoral as such, and are to be forbidden to unmarried persons who will nevertheless persist in having intercourse, means that such persons must risk for themselves an unwanted pregnancy, for the child, illegitimacy, and *453 for society, a possible obligation of support. Such a view of morality is not only the very mirror image of sensible legislation; we consider that it conflicts with fundamental human rights. In the absence of demonstrated harm, we hold it is beyond the competency of the state."
We need not and do not, however, decide that important question in this case because, whatever the rights of the individual to access to contraceptives may be, the rights must be the same for the unmarried and the married alike.

If under Griswold the distribution of contraceptives to married persons cannot be prohibited, a ban on distribution to unmarried persons would be equally impermissible. It is true that in Griswold the right of privacy in question inhered in the marital relationship. Yet the marital couple is not an independent entity with a mind and heart of its own, but an association of two individuals each with a separate intellectual and emotional makeup. If the right of privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child. See Stanley v. Georgia, 394 U.S. 557 (1969).[10] See also Skinner v. Oklahoma, *454 316 U.S. 535 (1942); Jacobson v. Massachusetts, 197 U.S. 11, 29 (1905).

On the other hand, if Griswold is no bar to a prohibition on the distribution of contraceptives, the State could not, consistently with the Equal Protection Clause, outlaw distribution to unmarried but not to married persons. In each case the evil, as perceived by the State, would be identical, and the underinclusion would be invidious. Mr. Justice Jackson, concurring in Railway Express Agency v. New York, 336 U.S. 106, 112-113 (1949), made the point:

"The framers of the Constitution knew, and we should not forget today, that there is no more effective practical guaranty against arbitrary and unreasonable government than to require that the principles of law which officials would impose upon a minority must be imposed generally. Conversely, nothing opens the door to arbitrary action so effectively as to allow those officials to pick and choose only a few to whom they will apply legislation and thus to escape the political retribution that might be visited upon them if larger numbers were affected. Courts can take no better measure to assure that laws will be just than to require that laws be equal in operation."
Although Mr. Justice Jackson's comments had reference to administrative regulations, the principle he affirmed has equal application to the legislation here. We hold that by providing dissimilar treatment for married and unmarried persons who are similarly situated, Massachusetts *455 General Laws Ann., c. 272, §§ 21 and 21A, violate the Equal Protection Clause. The judgment of the Court of Appeals is

Affirmed.

MR. JUSTICE POWELL and MR. JUSTICE REHNQUIST took no part in the consideration or decision of this case.

MR. JUSTICE DOUGLAS, concurring.

While I join the opinion of the Court, there is for me a narrower ground for affirming the Court of Appeals. This to me is a simple First Amendment case, that amendment being applicable to the States by reason of the Fourteenth. Stromberg v. California, 283 U.S. 359.

Under no stretch of the law as presently stated could Massachusetts require a license for those who desire to lecture on planned parenthood, contraceptives, the rights of women, birth control, or any allied subject, or place a tax on that privilege. As to license taxes on First Amendment rights we said in Murdock v. Pennsylvania, 319 U.S. 105, 115:

"A license tax certainly does not acquire constitutional validity because it classifies the privileges protected by the First Amendment along with the wares and merchandise of hucksters and peddlers and treats them all alike. Such equality in treatment does not save the ordinance. Freedom of press, freedom of speech, freedom of religion are in a preferred position."
We held in Thomas v. Collins, 323 U.S. 516, that a person speaking at a labor union rally could not be required to register or obtain a license:

"As a matter of principle a requirement of registration in order to make a public speech would seem generally incompatible with an exercise of the rights *456 of free speech and free assembly. Lawful public assemblies, involving no element of grave and immediate danger to an interest the State is entitled to protect, are not instruments of harm which require previous identification of the speakers. And the right either of workmen or of unions under these conditions to assemble and discuss their own affairs is as fully protected by the Constitution as the right of businessmen, farmers, educators, political party members or others to assemble and discuss their affairs and to enlist the support of others.
.....

". . . If one who solicits support for the cause of labor may be required to register as a condition to the exercise of his right to make a public speech, so may he who seeks to rally support for any social, business, religious or political cause. We think a requirement that one must register before he undertakes to make a public speech to enlist support for a lawful movement is quite incompatible with the requirements of the First Amendment." Id., at 539, 540.
Baird addressed an audience of students and faculty at Boston University on the subject of birth control and overpopulation. His address was approximately one hour in length and consisted of a discussion of various contraceptive devices displayed by means of diagrams on two demonstration boards, as well as a display of contraceptive devices in their original packages. In addition, Baird spoke of the respective merits of various contraceptive devices; overpopulation in the world; crises throughout the world due to overpopulation; the large number of abortions performed on unwed mothers; and quack abortionists and the potential harm to women resulting from abortions performed by quack abortionists. Baird also urged members of the audience to petition the Massachusetts Legislature and to make known their feelings *457 with regard to birth control laws in order to bring about a change in the laws. At the close of the address Baird invited members of the audience to come to the stage and help themselves to the contraceptive articles. We do not know how many accepted Baird's invitation. We only know that Baird personally handed one woman a package of Emko Vaginal Foam. He was then arrested and indicted (1) for exhibiting contraceptive devices and (2) for giving one such device away. The conviction for the first offense was reversed, the Supreme Judicial Court of Massachusetts holding that the display of the articles was essential to a graphic representation of the lecture. But the conviction for the giving away of one article was sustained. 355 Mass. 746, 247 N.E.2d 574. The case reaches us by federal habeas corpus.

Had Baird not "given away" a sample of one of the devices whose use he advocated, there could be no question about the protection afforded him by the First Amendment. A State may not "contract the spectrum of available knowledge." Griswold v. Connecticut, 381 U.S. 479, 482. See also Thomas v. Collins, supra; Pierce v. Society of Sisters, 268 U.S. 510; Meyer v. Nebraska, 262 U.S. 390. However noxious Baird's ideas might have been to the authorities, the freedom to learn about them, fully to comprehend their scope and portent, and to weigh them against the tenets of the "conventional wisdom," may not be abridged. Terminiello v. Chicago, 337 U.S. 1. Our system of government requires that we have faith in the ability of the individual to decide wisely, if only he is fully apprised of the merits of a controversy.

"Freedom of discussion, if it would fulfill its historic function in this nation, must embrace all issues about which information is needed or appropriate to enable the members of society to cope with the exigencies of their period." Thornhill v. Alabama, 310 U.S. 88, 102.
The teachings of Baird and those of Galileo might be *458 of a different order; but the suppression of either is equally repugnant.

As Milton said in the Areopagitica, "Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties."

It is said that only Baird's conduct is involved and United States v. O'Brien, 391 U.S. 367, is cited. That case involved a registrant under the Selective Service Act burning his Selective Service draft card. When prosecuted for that act, he defended his conduct as "symbolic speech." The Court held it was not.

Whatever may be thought of that decision on the merits,[1]O'Brien is not controlling here. The distinction between "speech" and "conduct" is a valid one, insofar as it helps to determine in a particular case whether the purpose of the activity was to aid in the communication of ideas, and whether the form of the communication so interferes with the rights of others that reasonable regulations may be imposed.[2] See Public Utilities Comm'n v. Pollak, 343 U.S. 451, 467 (DOUGLAS, J., dissenting). *459 Thus, excessive noise might well be "conduct"—a form of pollution—which can be made subject to precise, narrowly drawn regulations. See Adderley v. Florida, 385 U.S. 39, 54 (DOUGLAS, J., dissenting). But "this Court has repeatedly stated, [First Amendment] rights are not confined to verbal expression. They embrace appropriate types of action . . . ." Brown v. Louisiana, 383 U.S. 131, 141-142.

Baird gave an hour's lecture on birth control and as an aid to understanding the ideas which he was propagating he handed out one sample of one of the devices whose use he was endorsing. A person giving a lecture on coyote-getters would certainly improve his teaching technique if he passed one out to the audience; and he would be protected in doing so unless of course the device was loaded and ready to explode, killing or injuring people. The same holds true in my mind for mousetraps, spray guns, or any other article not dangerous per se on which speakers give educational lectures.

It is irrelevant to the application of these principles that Baird went beyond the giving of information about birth control and advocated the use of contraceptive articles. The First Amendment protects the opportunity to persuade to action whether that action be unwise or immoral, or whether the speech incites to action. See, e. g., Brandenburg v. Ohio, 395 U.S. 444; Edwards v. South Carolina, 372 U.S. 229; Terminiello v. Chicago, supra.

In this case there was not even incitement to action.[3] There is no evidence or finding that Baird intended that the young lady take the foam home with her when he handed it to her or that she would not have examined the *460 article and then returned it to Baird, had he not been placed under arrest immediately upon handing the article over.[4]

First Amendment rights are not limited to verbal expression.[5] The right to petition often involves the right to walk. The right of assembly may mean pushing or jostling. Picketing involves physical activity as well as a display of a sign. A sit-in can be a quiet, dignified protest that has First Amendment protection even though no speech is involved, as we held in Brown v. Louisiana, supra. Putting contraceptives on display is certainly an aid to speech and discussion. Handing an article under discussion to a member of the audience is a technique known to all teachers and is commonly used. A handout may be on such a scale as to smack of a vendor's marketing scheme. But passing one article to an audience is merely a projection of the visual aid and should be a permissible adjunct of free speech. Baird was not making a prescription nor purporting to give medical advice. Handing out the article was not even a suggestion that the lady use it. At most it suggested that she become familiar with the product line.

I do not see how we can have a Society of the Dialogue, which the First Amendment envisages, if time-honored teaching techniques are barred to those who give educational lectures.

MR. JUSTICE WHITE, with whom MR. JUSTICE BLACKMUN joins, concurring in the result.

In Griswold v. Connecticut, 381 U.S. 479 (1965), we reversed criminal convictions for advising married persons *461 with respect to the use of contraceptives. As there applied, the Connecticut law, which forbade using contraceptives or giving advice on the subject, unduly invaded a zone of marital privacy protected by the Bill of Rights. The Connecticut law did not regulate the manufacture or sale of such products and we expressly left open any question concerning the permissible scope of such legislation. 381 U. S., at 485.

Chapter 272, § 21, of the Massachusetts General Laws makes it a criminal offense to distribute, sell, or give away any drug, medicine, or article for the prevention of conception. Section 21A excepts from this prohibition registered physicians who prescribe for and administer such articles to married persons and registered pharmacists who dispense on medical prescription.[1]

*462 Appellee Baird was indicted for giving away Emko Vaginal Foam, a "medicine and article for the prevention of conception . . . ."[2] The State did not purport to charge or convict Baird for distributing to an unmarried person. No proof was offered as to the marital status of the recipient. The gravamen of the offense charged was that Baird had no license and therefore no authority to distribute to anyone. As the Supreme Judicial Court of Massachusetts noted, the constitutional validity of Baird's conviction rested upon his lack of status as a "distributor and not . . . the marital status of the recipient." Commonwealth v. Baird, 355 Mass. 746, 753, 247 N.E.2d 574, 578 (1969). The Federal District Court was of the same view.[3]

*463 I assume that a State's interest in the health of its citizens empowers it to restrict to medical channels the distribution of products whose use should be accompanied by medical advice. I also do not doubt that various contraceptive medicines and articles are properly available only on prescription, and I therefore have no difficulty with the Massachusetts court's characterization of the statute at issue here as expressing "a legitimate interest in preventing the distribution of articles designed to prevent conception which may have undesirable, if not dangerous, physical consequences." Id., at 753, 247 N.E. 2d, at 578. Had Baird distributed a supply of the so-called "pill," I would sustain his conviction under this statute.[4] Requiring a prescription to obtain potentially dangerous contraceptive material may place a substantial burden upon the right recognized in Griswold, but that burden is justified by a strong state interest and does not, as did the statute at issue in Griswold, sweep unnecessarily broadly or seek "to achieve its goals by means having a maximum destructive impact upon" a protected relationship. Griswold v. Connecticut, 381 U. S., at 485.

Baird, however, was found guilty of giving away vaginal foam. Inquiry into the validity of this conviction does not come to an end merely because some contraceptives are harmful and their distribution may be restricted. Our general reluctance to question a State's judgment on matters of public health must give way where, as here, the restriction at issue burdens the constitutional *464 rights of married persons to use contraceptives. In these circumstances we may not accept on faith the State's classification of a particular contraceptive as dangerous to health. Due regard for protecting constitutional rights requires that the record contain evidence that a restriction on distribution of vaginal foam is essential to achieve the statutory purpose, or the relevant facts concerning the product must be such as to fall within the range of judicial notice.

Neither requirement is met here. Nothing in the record even suggests that the distribution of vaginal foam should be accompanied by medical advice in order to protect the user's health. Nor does the opinion of the Massachusetts court or the State's brief filed here marshal facts demonstrating that the hazards of using vaginal foam are common knowledge or so incontrovertible that they may be noticed judicially. On the contrary, the State acknowledges that Emko is a product widely available without prescription. Given Griswold v. Connecticut, supra, and absent proof of the probable hazards of using vaginal foam, we could not sustain appellee's conviction had it been for selling or giving away foam to a married person. Just as in Griswold, where the right of married persons to use contraceptives was "diluted or adversely affected" by permitting a conviction for giving advice as to its exercise, id., at 481, so here, to sanction a medical restriction upon distribution of a contraceptive not proved hazardous to health would impair the exercise of the constitutional right.

That Baird could not be convicted for distributing Emko to a married person disposes of this case. Assuming, arguendo, that the result would be otherwise had the recipient been unmarried, nothing has been placed in the record to indicate her marital status. The State has maintained that marital status is irrelevant because an unlicensed person cannot legally dispense vaginal foam *465 either to married or unmarried persons. This approach is plainly erroneous and requires the reversal of Baird's conviction; for on the facts of this case, it deprives us of knowing whether Baird was in fact convicted for making a constitutionally protected distribution of Emko to a married person.

The principle established in Stromberg v. California, 283 U.S. 359 (1931), and consistently adhered to is that a conviction cannot stand where the "record fail[s] to prove that the conviction was not founded upon a theory which could not constitutionally support a verdict." Street v. New York, 394 U.S. 576, 586 (1969). To uphold a conviction even "though we cannot know that it did not rest on the invalid constitutional ground . . . would be to countenance a procedure which would cause a serious impairment of constitutional rights." Williams v. North Carolina, 317 U.S. 287, 292 (1942).

Because this case can be disposed of on the basis of settled constitutional doctrine, I perceive no reason for reaching the novel constitutional question whether a State may restrict or forbid the distribution of contraceptives to the unmarried. Cf. Ashwander v. Tennessee Valley Authority, 297 U.S. 288, 345-348 (1936) (Brandeis, J., concurring).

MR. CHIEF JUSTICE BURGER, dissenting.

The judgment of the Supreme Judicial Court of Massachusetts in sustaining appellee's conviction for dispensing medicinal material without a license seems eminently correct to me and I would not disturb it. It is undisputed that appellee is not a physician or pharmacist and was prohibited under Massachusetts law from dispensing contraceptives to anyone, regardless of marital status. To my mind the validity of this restriction on dispensing medicinal substances is the only issue before the Court, *466 and appellee has no standing to challenge that part of the statute restricting the persons to whom contraceptives are available. There is no need to labor this point, however, for everyone seems to agree that if Massachusetts has validly required, as a health measure, that all contraceptives be dispensed by a physician or pursuant to a physician's prescription, then the statutory distinction based on marital status has no bearing on this case. United States v. Raines, 362 U.S. 17, 21 (1960).

The opinion of the Court today brushes aside appellee's status as an unlicensed layman by concluding that the Massachusetts Legislature was not really concerned with the protection of health when it passed this statute. MR. JUSTICE WHITE acknowledges the statutory concern with the protection of health, but finds the restriction on distributors overly broad because the State has failed to adduce facts showing the health hazards of the particular substance dispensed by appellee as distinguished from other contraceptives. MR. JUSTICE DOUGLAS' concurring opinion does not directly challenge the power of Massachusetts to prohibit laymen from dispensing contraceptives, but considers that appellee rather than dispensing the substance was resorting to a "time-honored teaching technique" by utilizing a "visual aid" as an adjunct to his protected speech. I am puzzled by this third characterization of the case. If the suggestion is that appellee was merely displaying the contraceptive material without relinquishing his ownership of it, then the argument must be that the prosecution failed to prove that appellee had "given away" the contraceptive material. But appellee does not challenge the sufficiency of the evidence, and himself summarizes the record as showing that "at the close of his lecture he invited members of the audience . . . to come and help themselves." On the other hand, if the concurring opinion means that the First Amendment protects the distribution *467 of all articles "not dangerous per se" when the distribution is coupled with some form of speech, then I must confess that I have misread certain cases in the area. See, e. g., United States v. O'Brien, 391 U.S. 367, 376 (1968); Cox v. Louisiana, 379 U.S. 536, 555 (1965); Giboney v. Empire Storage Co., 336 U.S. 490, 502 (1949).

My disagreement with the opinion of the Court and that of MR. JUSTICE WHITE goes far beyond mere puzzlement, however, for these opinions seriously invade the constitutional prerogatives of the States and regrettably hark back to the heyday of substantive due process.

In affirming appellee's conviction, the highest tribunal in Massachusetts held that the statutory requirement that contraceptives be dispensed only through medical channels served the legitimate interest of the State in protecting the health of its citizens. The Court today blithely hurdles this authoritative state pronouncement and concludes that the statute has no such purpose. Three basic arguments are advanced: First, since the distribution of contraceptives was prohibited as a moral matter in Massachusetts prior to 1966, it is impossible to believe that the legislature was concerned with health when it lifted the complete ban but insisted on medical supervision. I fail to see why the historical predominance of an unacceptable legislative purpose makes incredible the emergence of a new and valid one.[1] See McGowan *468 v. Maryland, 366 U.S. 420, 445-449 (1961). The second argument, finding its origin in a dissenting opinion in the Supreme Judicial Court of Massachusetts, rejects a health purpose because, "[i]f there is need to have a physician prescribe . . . contraceptives, that need is as great for unmarried persons as for married persons." 355 Mass. 746, 758, 247 N.E.2d 574, 581. This argument confuses the validity of the restriction on distributors with the validity of the further restriction on distributees, a part of the statute not properly before the Court. Assuming the legislature too broadly restricted the class of persons who could obtain contraceptives, it hardly follows that it saw no need to protect the health of all persons to whom they are made available. Third, the Court sees no health purpose underlying the restriction on distributors because other state and federal laws regulate the distribution of harmful drugs. I know of no rule that all enactments relating to a particular purpose must be neatly consolidated in one package in the statute books for, if so, the United States Code will not pass muster. I am unable to draw any inference as to legislative purpose from the fact that the restriction on dispensing contraceptives was not codified with other statutory provisions regulating the distribution of medicinal substances. And the existence of nonconflicting, nonpre-emptive federal laws is simply without significance in judging the validity or purpose of a state law on the same subject matter.

It is possible, of course, that some members of the Massachusetts Legislature desired contraceptives to be dispensed only through medical channels in order to minimize their use, rather than to protect the health of their users, but I do not think it is the proper function of this Court to dismiss as dubious a state court's explication of a state statute absent overwhelming and irrefutable reasons for doing so.

*469 MR. JUSTICE WHITE, while acknowledging a valid legislative purpose of protecting health, concludes that the State lacks power to regulate the distribution of the contraceptive involved in this case as a means of protecting health.[2] The opinion grants that appellee's conviction would be valid if he had given away a potentially harmful substance, but rejects the State's placing this particular contraceptive in that category. So far as I am aware, this Court has never before challenged the police power of a State to protect the public from the risks of possibly spurious and deleterious substances sold within its borders. Moreover, a statutory classification is not invalid

"simply because some innocent articles or transactions may be found within the proscribed class. The inquiry must be whether, considering the end in view, the statute passes the bounds of reason and assumes the character of a merely arbitrary fiat." Purity Extract & Tonic Co. v. Lynch, 226 U.S. 192, 204 (1912).
But since the Massachusetts statute seeks to protect health by regulating contraceptives, the opinion invokes Griswold v. Connecticut, 381 U.S. 479 (1965), and puts the statutory classification to an unprecedented test: either the record must contain evidence supporting the classification or the health hazards of the particular contraceptive must be judicially noticeable. This is indeed a novel constitutional doctrine and not surprisingly no authority is cited for it.

Since the potential harmfulness of this particular medicinal substance has never been placed in issue in the *470 state or federal courts, the State can hardly be faulted for its failure to build a record on this point. And it totally mystifies me why, in the absence of some evidence in the record, the factual underpinnings of the statutory classification must be "incontrovertible" or a matter of "common knowledge."

The actual hazards of introducing a particular foreign substance into the human body are frequently controverted, and I cannot believe that unanimity of expert opinion is a prerequisite to a State's exercise of its police power, no matter what the subject matter of the regulation. Even assuming no present dispute among medical authorities, we cannot ignore that it has become commonplace for a drug or food additive to be universally regarded as harmless on one day and to be condemned as perilous on the next. It is inappropriate for this Court to overrule a legislative classification by relying on the present consensus among leading authorities. The commands of the Constitution cannot fluctuate with the shifting tides of scientific opinion.

Even if it were conclusively established once and for all that the product dispensed by appellee is not actually or potentially dangerous in the somatic sense, I would still be unable to agree that the restriction on dispensing it falls outside the State's power to regulate in the area of health. The choice of a means of birth control, although a highly personal matter, is also a health matter in a very real sense, and I see nothing arbitrary in a requirement of medical supervision.[3] It is generally acknowledged that contraceptives vary in degree of effectiveness *471 and potential harmfulness.[4] There may be compelling health reasons for certain women to choose the most effective means of birth control available, no matter how harmless the less effective alternatives.[5] Others might be advised not to use a highly effective means of contraception because of their peculiar susceptibility to an adverse side effect.[6] Moreover, there may be information known to the medical profession that a particular brand of contraceptive is to be preferred or avoided, or that it has not been adequately tested. Nonetheless, the concurring opinion would hold, as a constitutional matter, that a State must allow someone without medical training the same power to distribute this medicinal substance as is enjoyed by a physician.

It is revealing, I think, that those portions of the majority and concurring opinions rejecting the statutory limitation on distributors rely on no particular provision of the Constitution. I see nothing in the Fourteenth Amendment or any other part of the Constitution *472 that even vaguely suggests that these medicinal forms of contraceptives must be available in the open market. I do not challenge Griswold v. Connecticut, supra, despite its tenuous moorings to the text of the Constitution, but I cannot view it as controlling authority for this case. The Court was there confronted with a statute flatly prohibiting the use of contraceptives, not one regulating their distribution. I simply cannot believe that the limitation on the class of lawful distributors has significantly impaired the right to use contraceptives in Massachusetts. By relying on Griswold in the present context, the Court has passed beyond the penumbras of the specific guarantees into the uncircumscribed area of personal predilections.

The need for dissemination of information on birth control is not impinged in the slightest by limiting the distribution of medicinal substances to medical and pharmaceutical channels as Massachusetts has done by statute. The appellee has succeeded, it seems, in cloaking his activities in some new permutation of the First Amendment although his conviction rests in fact and law on dispensing a medicinal substance without a license. I am constrained to suggest that if the Constitution can be strained to invalidate the Massachusetts statute underlying appellee's conviction, we could quite as well employ it for the protection of a "curbstone quack," reminiscent of the "medicine man" of times past, who attracted a crowd of the curious with a soapbox lecture and then plied them with "free samples" of some unproved remedy. Massachusetts presumably outlawed such activities long ago, but today's holding seems to invite their return.

NOTES

[1] The Court of Appeals below described the recipient of the foam as "an unmarried adult woman." 429 F.2d 1398, 1399 (1970). However, there is no evidence in the record about her marital status.

[2] Section 21 provides in full:

"Except as provided in section twenty-one A, whoever sells, lends, gives away, exhibits or offers to sell, lend or give away an instrument or other article intended to be used for self-abuse, or any drug, medicine, instrument or article whatever for the prevention of conception or for causing unlawful abortion, or advertises the same, or writes, prints, or causes to be written or printed a card, circular, book, pamphlet, advertisement or notice of any kind stating when, where, how, of whom or by what means such article can be purchased or obtained, or manufactures or makes any such article shall be punished by imprisonment in the state prison for not more than five years or in jail or the house of correction for not more than two and one half years or by a fine of not less than one hundred nor more than one thousand dollars."

Section 21A provides in full:

"A registered physician may administer to or prescribe for any married person drugs or articles intended for the prevention of pregnancy or conception. A registered pharmacist actually engaged in the business of pharmacy may furnish such drugs or articles to any married person presenting a prescription from a registered physician.

"A public health agency, a registered nurse, or a maternity health clinic operated by or in an accredited hospital may furnish information to any married person as to where professional advice regarding such drugs or articles may be lawfully obtained.

"This section shall not be construed as affecting the provisions of sections twenty and twenty-one relative to prohibition of advertising of drugs or articles intended for the prevention of pregnancy or conception; nor shall this section be construed so as to permit the sale or dispensing of such drugs or articles by means of any vending machine or similar device."

[3] Appellant suggests that the purpose of the Massachusetts statute is to promote marital fidelity as well as to discourage premarital sex. Under § 21A, however, contraceptives may be made available to married persons without regard to whether they are living with their spouses or the uses to which the contraceptives are to be put. Plainly the legislation has no deterrent effect on extramarital sexual relations.

[4] This factor decisively distinguishes Tileston v. Ullman, 318 U.S. 44 (1943), where the Court held that a physician lacked standing to bring an action for declaratory relief to challenge, on behalf of his patients, the Connecticut law prohibiting the use of contraceptives. The patients were fully able to bring their own action. Underlying the decision was the concern that "the standards of `case or controversy' in Article III of the Constitution [not] become blurred," Griswold v. Connecticut, 381 U.S. 479, 481 (1965)— a problem that is not at all involved in this case.

[5] Indeed, in First Amendment cases we have relaxed our rules of standing without regard to the relationship between the litigant and those whose rights he seeks to assert precisely because application of those rules would have an intolerable, inhibitory effect on freedom of speech. E. g., Thornhill v. Alabama, 310 U.S. 88, 97-98 (1940). See United States v. Raines, 362 U.S. 17, 22 (1960).

[6] See also Prince v. Massachusetts, 321 U.S. 158 (1944), where a custodian, in violation of state law, furnished a child with magazines to distribute on the streets. The Court there implicitly held that the custodian had standing to assert alleged freedom of religion and equal protection rights of the child that were threatened in the very litigation before the Court and that the child had no effective way of asserting herself.

[7] Of course, if we were to conclude that the Massachusetts statute impinges upon fundamental freedoms under Griswold, the statutory classification would have to be not merely rationally related to a valid public purpose but necessary to the achievement of a compelling state interest. E. g., Shapiro v. Thompson, 394 U.S. 618 (1969); Loving v. Virginia, 388 U.S. 1 (1967). But just as in Reed v. Reed, 404 U.S. 71 (1971), we do not have to address the statute's validity under that test because the law fails to satisfy even the more lenient equal protection standard.

[8] Appellant insists that the unmarried have no right to engage in sexual intercourse and hence no health interest in contraception that needs to be served. The short answer to this contention is that the same devices the distribution of which the State purports to regulate when their asserted purpose is to forestall pregnancy are available without any controls whatsoever so long as their asserted purpose is to prevent the spread of disease. It is inconceivable that the need for health controls varies with the purpose for which the contraceptive is to be used when the physical act in all cases is one and the same.

[9] The Court of Appeals stated, 429 F. 2d, at 1401:

"[W]e must take notice that not all contraceptive devices risk `undesirable . . . [or] dangerous physical consequences.' It is 200 years since Casanova recorded the ubiquitous article which, perhaps because of the birthplace of its inventor, he termed a `redingote anglais.' The reputed nationality of the condom has now changed, but we have never heard criticism of it on the side of health. We cannot think that the legislature was unaware of it, or could have thought that it needed a medical prescription. We believe the same could be said of certain other products."

[10] In Stanley, 394 U. S., at 564, the Court stated:

"[A]lso fundamental is the right to be free, except in very limited circumstances, from unwanted governmental intrusions into one's privacy.

" `The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man's spiritual nature, of his feelings and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the Government, the right to be let alone—the most comprehensive of rights and the right most valued by civilized man.' Olmstead v. United States, 277 U.S. 438, 478 (1928) (Brandeis, J., dissenting).

"See Griswold v. Connecticut, supra; cf. NAACP v. Alabama, 357 U.S. 449, 462 (1958)."

[1] I have earlier expressed my reasons for believing that the O'Brien decision was not consistent with First Amendment rights. See Brandenburg v. Ohio, 395 U.S. 444, 455 (concurring opinion).

[2] In Giboney v. Empire Storage Co., 336 U.S. 490, the Court upheld a state court injunction against peaceful picketing carried on in violation of a state "anti-restraint-of-trade" law. Giboney, however, is easily distinguished from the present case. Under the circumstances there present, "There was clear danger, imminent and immediate, that unless restrained, appellants would succeed in making [state antitrust] policy a dead letter . . . . They were exercising their economic power together with that of their allies to compel Empire to abide by union rather than by state regulation of trade." Id., at 503 (footnote omitted; emphasis supplied). There is no such coercion in the instant case nor is there a similar frustration of state policy, see text at n. 4, infra. For an analysis of the state policies underlying the Massachusetts statute which Baird was convicted of having violated, see Dienes, The Progeny of Comstockery—Birth Control Laws Return to Court, 21 Am. U. L. Rev. 1, 3-44 (1971).

[3] Even under the restrictive meaning which the Court has given the First Amendment, as applied to the States by the Fourteenth, advocacy of law violation is permissible "except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action." Brandenburg v. Ohio, supra, n. 1, at 447.

[4] This factor alone would seem to distinguish O'Brien, supra, as that case turned on the Court's judgment that O'Brien's "conduct" frustrated a substantial governmental interest.

[5] For a partial collection of cases involving action that comes under First Amendment protection see Brandenburg v. Ohio, supra, n. 1, at 455-456 (concurring opinion).

[1] Section 21 provides as follows:

"Except as provided in section twenty-one A, whoever sells, lends, gives away, exhibits or offers to sell, lend or give away an instrument or other article intended to be used for self-abuse, or any drug, medicine, instrument or article whatever for the prevention of conception or for causing unlawful abortion, or advertises the same, or writes, prints, or causes to be written or printed a card, circular, book, pamphlet, advertisement or notice of any kind stating when, where, how, of whom or by what means such article can be purchased or obtained, or manufactures or makes any such article shall be punished by imprisonment in the state prison for not more than five years or in jail or the house of correction for not more than two and one half years or by a fine of not less than one hundred nor more than one thousand dollars."

Section 21A makes these exceptions:

"A registered physician may administer to or prescribe for any married person drugs or articles intended for the prevention of pregnancy or conception. A registered pharmacist actually engaged in the business of pharmacy may furnish such drugs or articles to any married person presenting a prescription from a registered physician.

"A public health agency, a registered nurse, or a maternity health clinic operated by or in an accredited hospital may furnish information to any married person as to where professional advice regarding such drugs or articles may be lawfully obtained.

"This section shall not be construed as affecting the provisions of sections twenty and twenty-one relative to prohibition of advertising of drugs or articles intended for the prevention of pregnancy or conception; nor shall this section be construed so as to permit the sale or dispensing of such drugs or articles by means of any vending machine or similar device."

[2] The indictment states:

"The Jurors for the Commonwealth of Massachusetts on their oath present that William R. Baird, on the sixth day of April, in the year of our Lord one thousand nine hundred and sixty-seven, did unlawfully give away a certain medicine and article for the prevention of conception, to wit: Emko Vaginal Foam, the giving away of the said medicine and article by the said William R. Baird not being in accordance with, or authorized or permitted by, the provisions of Section 21A of Chapter 272, of the General Laws of the said Commonwealth."

[3] "Had § 21A authorized registered physicians to administer or prescribe contraceptives for unmarried as well as for married persons, the legal position of the petitioner would not have been in any way altered. Not being a physician he would still have been prohibited by § 21 from `giving away' the contraceptive."  310 F. Supp. 951, 954 (Mass. 1970).

[4] The Food and Drug Administration has made a finding that birth control pills pose possible hazards to health. It therefore restricts distribution and receipt of such products in interstate commerce to properly labeled packages that must be sold pursuant to a prescription. 21 CFR § 130.45. A violation of this law is punishable by imprisonment for one year, a fine of not more than $10,000, or both. 21 U.S. C. §§ 331, 333.

[1] The Court places some reliance on the opinion of the Supreme Judicial Court of Massachusetts in Sturgis v. Attorney General, 358 Mass. ___,  260 N.E.2d 687 (1970), to show that § 21A is intended to regulate morals rather than public health. In Sturgis the state court rejected a challenge by a group of physicians to that part of the statute prohibiting the distribution of contraceptives to unmarried women. The court accepted the State's interest in "regulating the private sexual lives of single persons," that interest being expressed in the restriction on distributees. Id., at ___, 260 N.E. 2d, at 690. The purpose of the restriction on distributors was not in issue.

[2] The opinion of the Court states in passing that if the restriction on distributors were in fact intended as a health measure, it would be overly broad. Since the Court does not develop this argument in detail, my response is addressed solely to the reasoning in the opinion of MR. JUSTICE WHITE, concurring in the result.

[3] For general discussions of the need for medical supervision before choosing a means of birth control, see Manual of Family Planning and Contraceptive Practice 47-53 (M. Calderone ed. 1970); Advanced Concepts in Contraception 22-24 (F. Hoffman & R. Kleinman ed. 1968).

[4] See U. S. Commission on Population Growth and the American Future, Population and the American Future, pt. II, pp. 38-39 (Mar. 16, 1972); Manual of Family Planning, supra, at 268-274, 316, 320, 342, 346; Jaffe, Toward the Reduction of Unwanted Pregnancy, 174 Science 119, 121 (Oct. 8, 1971); G. Hardin, Birth Control 128 (1970); E. Havemann, Birth Control (1967). The contraceptive substance dispensed by appellee, vaginal foam, is thought to be between 70% and 80% effective. See Jaffe, supra, at 121; Dingle & Tietze, Comparative Study of Three Contraceptive Methods, 85 Amer. J. Obst. & Gyn. 1012, 1021 (1963). The birth control pill, by contrast, is thought to be better than 99% effective. See Havemann, Birth Control, supra.

[5] See Perkin, Assessment of Reproductive Risk in Nonpregnant Women—A Guide to Establishing Priorities for Contraceptive Care, 101 Amer. J. Obst. & Gyn. 709 (1968).

[6] See Manual of Family Planning, supra, at 301, 332-333, 336-340.

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text: habeas

text: corpus

text: which

text: the

text: District

text: Court

text: dismissed

text: F

text: Supp

text: On

text: appeal

text: however

text: the

text: Court

text: of

text: Appeals

text: for

text: the

text: First

text: Circuit

text: vacated

text: the

text: dismissal

text: and

text: remanded

text: the

text: action

text: with

text: directions

text: to

text: grant

text: the

text: writ

text: discharging

text: Baird

text: F

text: d

text: This

text: appeal

text: by

text: the

text: Sheriff

text: of

text: Suffolk

text: County

text: Massachusetts

text: followed

text: and

text: we

text: noted

text: probable

text: jurisdiction

text: U

text: S

text: We

text: affirm

text: Massachusetts

text: General

text: Laws

text: Ann

text: c

text: under

text: which

text: Baird

text: was

text: convicted

text: provides

text: a

text: maximum

text: five

text: year

text: term

text: of

text: imprisonment

text: for

text: whoever

text: gives

text: away

text: any

text: drug

text: medicine

text: instrument

text: or

text: article

text: whatever

text: for

text: the

text: prevention

text: of

text: conception

text: except

text: as

text: authorized

text: in

text: A

text: Under

text: A

text: a

text: registered

text: physician

text: may

text: administer

text: to

text: or

text: prescribe

text: for

text: any

text: married

text: person

text: drugs

text: or

text: articles

text: intended

text: for

text: the

text: prevention

text: of

text: pregnancy

text: or

text: conception

text: And

text: a

text: registered

text: pharmacist

text: actually

text: engaged

text: in

text: the

text: business

text: of

text: pharmacy

text: may

text: furnish

text: such

text: drugs

text: or

text: articles

text: to

text: any

text: married

text: person

text: presenting

text: a

text: prescription

text: from

text: a

text: registered

text: physician

text: As

text: interpreted

text: by

text: the

text: State

text: Supreme

text: Judicial

text: Court

text: these

text: provisions

text: make

text: it

text: a

text: felony

text: for

text: anyone

text: other

text: than

text: a

text: registered

text: physician

text: or

text: pharmacist

text: acting

text: in

text: accordance

text: with

text: the

text: terms

text: of

text: A

text: to

text: dispense

text: any

text: article

text: with

text: the

text: intention

text: that

text: it

text: be

text: used

text: for

text: the

text: prevention

text: of

text: conception

text: The

text: statutory

text: scheme

text: distinguishes

text: among

text: three

text: distinct

text: classes

text: of

text: distributees

text: first

text: married

text: persons

text: may

text: obtain

text: contraceptives

text: to

text: prevent

text: pregnancy

text: but

text: only

text: from

text: doctors

text: or

text: druggists

text: on

text: prescription

text: second

text: single

text: persons

text: may

text: not

text: obtain

text: contraceptives

text: from

text: anyone

text: to

text: prevent

text: pregnancy

text: and

text: third

text: married

text: or

text: single

text: persons

text: may

text: obtain

text: contraceptives

text: from

text: anyone

text: to

text: prevent

text: not

text: pregnancy

text: but

text: the

text: spread

text: of

text: disease

text: This

text: construction

text: of

text: state

text: law

text: is

text: of

text: course

text: binding

text: on

text: us

text: E

text: g

text: Groppi

text: v

text: Wisconsin

text: U

text: S

text: The

text: legislative

text: purposes

text: that

text: the

text: statute

text: is

text: meant

text: to

text: serve

text: are

text: not

text: altogether

text: clear

text: In

text: Commonwealth

text: v

text: Baird

text: supra

text: the

text: Supreme

text: Judicial

text: Court

text: noted

text: only

text: the

text: State

text: s

text: interest

text: in

text: protecting

text: the

text: health

text: of

text: its

text: citizens

text: T

text: he

text: prohibition

text: in

text: the

text: court

text: declared

text: is

text: directly

text: related

text: to

text: the

text: State

text: s

text: goal

text: of

text: preventing

text: the

text: distribution

text: of

text: articles

text: designed

text: to

text: prevent

text: conception

text: which

text: may

text: have

text: undesirable

text: if

text: not

text: dangerous

text: physical

text: consequences

text: Mass

text: at

text: N

text: E

text: d

text: at

text: In

text: a

text: subsequent

text: decision

text: Sturgis

text: v

text: Attorney

text: General

text: Mass

text: N

text: E

text: d

text: the

text: court

text: however

text: found

text: a

text: second

text: and

text: more

text: compelling

text: ground

text: for

text: upholding

text: the

text: statute

text: namely

text: to

text: protect

text: morals

text: through

text: regulating

text: the

text: private

text: sexual

text: lives

text: of

text: single

text: persons

text: The

text: Court

text: of

text: Appeals

text: for

text: reasons

text: that

text: will

text: appear

text: did

text: not

text: consider

text: the

text: promotion

text: of

text: health

text: or

text: the

text: protection

text: of

text: morals

text: through

text: the

text: deterrence

text: of

text: fornication

text: to

text: be

text: the

text: legislative

text: aim

text: Instead

text: the

text: court

text: concluded

text: that

text: the

text: statutory

text: goal

text: was

text: to

text: limit

text: contraception

text: in

text: and

text: of

text: itself

text: a

text: purpose

text: that

text: the

text: court

text: held

text: conflicted

text: with

text: fundamental

text: human

text: rights

text: under

text: Griswold

text: v

text: Connecticut

text: U

text: S

text: where

text: this

text: Court

text: struck

text: down

text: Connecticut

text: s

text: prohibition

text: against

text: the

text: use

text: of

text: contraceptives

text: as

text: an

text: unconstitutional

text: infringement

text: of

text: the

text: right

text: of

text: marital

text: privacy

text: F

text: d

text: at

text: We

text: agree

text: that

text: the

text: goals

text: of

text: deterring

text: premarital

text: sex

text: and

text: regulating

text: the

text: distribution

text: of

text: potentially

text: harmful

text: articles

text: cannot

text: reasonably

text: be

text: regarded

text: as

text: legislative

text: aims

text: of

text: and

text: A

text: And

text: we

text: hold

text: that

text: the

text: statute

text: viewed

text: as

text: a

text: prohibition

text: on

text: contraception

text: per

text: se

text: violates

text: the

text: rights

text: of

text: single

text: persons

text: under

text: the

text: Equal

text: Protection

text: Clause

text: of

text: the

text: Fourteenth

text: Amendment

text: I

text: We

text: address

text: at

text: the

text: outset

text: appellant

text: s

text: contention

text: that

text: Baird

text: does

text: not

text: have

text: standing

text: to

text: assert

text: the

text: rights

text: of

text: unmarried

text: persons

text: denied

text: access

text: to

text: contraceptives

text: because

text: he

text: was

text: neither

text: an

text: authorized

text: distributor

text: under

text: A

text: nor

text: a

text: single

text: person

text: unable

text: to

text: obtain

text: contraceptives

text: There

text: can

text: be

text: no

text: question

text: of

text: course

text: that

text: Baird

text: has

text: sufficient

text: interest

text: in

text: challenging

text: the

text: statute

text: s

text: validity

text: to

text: satisfy

text: the

text: case

text: or

text: controversy

text: requirement

text: of

text: Article

text: III

text: of

text: the

text: Constitution

text: Appellant

text: s

text: argument

text: however

text: is

text: that

text: this

text: case

text: is

text: governed

text: by

text: the

text: Court

text: s

text: self

text: imposed

text: rules

text: of

text: restraint

text: first

text: that

text: one

text: to

text: whom

text: application

text: of

text: a

text: statute

text: is

text: constitutional

text: will

text: not

text: be

text: heard

text: to

text: attack

text: the

text: statute

text: on

text: the

text: ground

text: that

text: impliedly

text: it

text: might

text: also

text: be

text: taken

text: as

text: applying

text: to

text: other

text: persons

text: or

text: other

text: situations

text: in

text: which

text: its

text: application

text: might

text: be

text: unconstitutional

text: United

text: States

text: v

text: Raines

text: U

text: S

text: and

text: second

text: the

text: closely

text: related

text: corollary

text: that

text: a

text: litigant

text: may

text: only

text: assert

text: his

text: own

text: constitutional

text: rights

text: or

text: immunities

text: id

text: at

text: Here

text: appellant

text: contends

text: that

text: Baird

text: s

text: conviction

text: rests

text: on

text: the

text: restriction

text: in

text: A

text: on

text: permissible

text: distributors

text: and

text: that

text: that

text: restriction

text: serves

text: a

text: valid

text: health

text: interest

text: independent

text: of

text: the

text: limitation

text: on

text: authorized

text: distributees

text: Appellant

text: urges

text: therefore

text: that

text: Baird

text: s

text: action

text: in

text: giving

text: away

text: the

text: foam

text: fell

text: squarely

text: within

text: the

text: conduct

text: that

text: the

text: legislature

text: meant

text: and

text: had

text: power

text: to

text: prohibit

text: and

text: that

text: Baird

text: should

text: not

text: be

text: allowed

text: to

text: attack

text: the

text: statute

text: in

text: its

text: application

text: to

text: potential

text: recipients

text: In

text: any

text: event

text: appellant

text: concludes

text: since

text: Baird

text: was

text: not

text: himself

text: a

text: single

text: person

text: denied

text: access

text: to

text: contraceptives

text: he

text: should

text: not

text: be

text: heard

text: to

text: assert

text: their

text: rights

text: We

text: cannot

text: agree

text: The

text: Court

text: of

text: Appeals

text: held

text: that

text: the

text: statute

text: under

text: which

text: Baird

text: was

text: convicted

text: is

text: not

text: a

text: health

text: measure

text: If

text: that

text: view

text: is

text: correct

text: we

text: do

text: not

text: see

text: how

text: Baird

text: may

text: be

text: prevented

text: because

text: he

text: was

text: neither

text: a

text: doctor

text: nor

text: a

text: druggist

text: from

text: attacking

text: the

text: statute

text: in

text: its

text: alleged

text: discriminatory

text: application

text: to

text: potential

text: distributees

text: We

text: think

text: too

text: that

text: our

text: self

text: imposed

text: rule

text: against

text: the

text: assertion

text: of

text: third

text: party

text: rights

text: must

text: be

text: relaxed

text: in

text: this

text: case

text: just

text: as

text: in

text: Griswold

text: v

text: Connecticut

text: supra

text: There

text: the

text: Executive

text: Director

text: of

text: the

text: Planned

text: Parenthood

text: League

text: of

text: Connecticut

text: and

text: a

text: licensed

text: physician

text: who

text: had

text: prescribed

text: contraceptives

text: for

text: married

text: persons

text: and

text: been

text: convicted

text: as

text: accessories

text: to

text: the

text: crime

text: of

text: using

text: contraceptives

text: were

text: held

text: to

text: have

text: standing

text: to

text: raise

text: the

text: constitutional

text: rights

text: of

text: the

text: patients

text: with

text: whom

text: they

text: had

text: a

text: professional

text: relationship

text: Appellant

text: here

text: argues

text: that

text: the

text: absence

text: of

text: a

text: professional

text: or

text: aiding

text: and

text: abetting

text: relationship

text: distinguishes

text: this

text: case

text: from

text: Griswold

text: Yet

text: as

text: the

text: Court

text: s

text: discussion

text: of

text: prior

text: authority

text: in

text: Griswold

text: U

text: S

text: at

text: indicates

text: the

text: doctor

text: patient

text: and

text: accessory

text: principal

text: relationships

text: are

text: not

text: the

text: only

text: circumstances

text: in

text: which

text: one

text: person

text: has

text: been

text: found

text: to

text: have

text: standing

text: to

text: assert

text: the

text: rights

text: of

text: another

text: Indeed

text: in

text: Barrows

text: v

text: Jackson

text: U

text: S

text: a

text: seller

text: of

text: land

text: was

text: entitled

text: to

text: defend

text: against

text: an

text: action

text: for

text: damages

text: for

text: breach

text: of

text: a

text: racially

text: restrictive

text: covenant

text: on

text: the

text: ground

text: that

text: enforcement

text: of

text: the

text: covenant

text: violated

text: the

text: equal

text: protection

text: rights

text: of

text: prospective

text: non

text: Caucasian

text: purchasers

text: The

text: relationship

text: there

text: between

text: the

text: defendant

text: and

text: those

text: whose

text: rights

text: he

text: sought

text: to

text: assert

text: was

text: not

text: simply

text: the

text: fortuitous

text: connection

text: between

text: a

text: vendor

text: and

text: potential

text: vendees

text: but

text: the

text: relationship

text: between

text: one

text: who

text: acted

text: to

text: protect

text: the

text: rights

text: of

text: a

text: minority

text: and

text: the

text: minority

text: itself

text: Sedler

text: Standing

text: to

text: Assert

text: Constitutional

text: Jus

text: Tertii

text: in

text: the

text: Supreme

text: Court

text: Yale

text: L

text: J

text: And

text: so

text: here

text: the

text: relationship

text: between

text: Baird

text: and

text: those

text: whose

text: rights

text: he

text: seeks

text: to

text: assert

text: is

text: not

text: simply

text: that

text: between

text: a

text: distributor

text: and

text: potential

text: distributees

text: but

text: that

text: between

text: an

text: advocate

text: of

text: the

text: rights

text: of

text: persons

text: to

text: obtain

text: contraceptives

text: and

text: those

text: desirous

text: of

text: doing

text: so

text: The

text: very

text: point

text: of

text: Baird

text: s

text: giving

text: away

text: the

text: vaginal

text: foam

text: was

text: to

text: challenge

text: the

text: Massachusetts

text: statute

text: that

text: limited

text: access

text: to

text: contraceptives

text: In

text: any

text: event

text: more

text: important

text: than

text: the

text: nature

text: of

text: the

text: relationship

text: between

text: the

text: litigant

text: and

text: those

text: whose

text: rights

text: he

text: seeks

text: to

text: assert

text: is

text: the

text: impact

text: of

text: the

text: litigation

text: on

text: the

text: third

text: party

text: interests

text: In

text: Griswold

text: U

text: S

text: at

text: the

text: Court

text: stated

text: The

text: rights

text: of

text: husband

text: and

text: wife

text: pressed

text: here

text: are

text: likely

text: to

text: be

text: diluted

text: or

text: adversely

text: affected

text: unless

text: those

text: rights

text: are

text: considered

text: in

text: a

text: suit

text: involving

text: those

text: who

text: have

text: this

text: kind

text: of

text: confidential

text: relation

text: to

text: them

text: A

text: similar

text: situation

text: obtains

text: here

text: Enforcement

text: of

text: the

text: Massachusetts

text: statute

text: will

text: materially

text: impair

text: the

text: ability

text: of

text: single

text: persons

text: to

text: obtain

text: contraceptives

text: In

text: fact

text: the

text: case

text: for

text: according

text: standing

text: to

text: assert

text: third

text: party

text: rights

text: is

text: stronger

text: in

text: this

text: regard

text: here

text: than

text: in

text: Griswold

text: because

text: unmarried

text: persons

text: denied

text: access

text: to

text: contraceptives

text: in

text: Massachusetts

text: unlike

text: the

text: users

text: of

text: contraceptives

text: in

text: Connecticut

text: are

text: not

text: themselves

text: subject

text: to

text: prosecution

text: and

text: to

text: that

text: extent

text: are

text: denied

text: a

text: forum

text: in

text: which

text: to

text: assert

text: their

text: own

text: rights

text: Cf

text: NAACP

text: v

text: Alabama

text: U

text: S

text: Barrows

text: v

text: Jackson

text: supra

text: The

text: Massachusetts

text: statute

text: unlike

text: the

text: Connecticut

text: law

text: considered

text: in

text: Griswold

text: prohibits

text: not

text: use

text: but

text: distribution

text: For

text: the

text: foregoing

text: reasons

text: we

text: hold

text: that

text: Baird

text: who

text: is

text: now

text: in

text: a

text: position

text: and

text: plainly

text: has

text: an

text: adequate

text: incentive

text: to

text: assert

text: the

text: rights

text: of

text: unmarried

text: persons

text: denied

text: access

text: to

text: contraceptives

text: has

text: standing

text: to

text: do

text: so

text: We

text: turn

text: to

text: the

text: merits

text: II

text: The

text: basic

text: principles

text: governing

text: application

text: of

text: the

text: Equal

text: Protection

text: Clause

text: of

text: the

text: Fourteenth

text: Amendment

text: are

text: familiar

text: AS

text: THE

text: CHIEF

text: JUSTICE

text: only

text: recently

text: explained

text: in

text: Reed

text: v

text: Reed

text: U

text: S

text: In

text: applying

text: that

text: clause

text: this

text: Court

text: has

text: consistently

text: recognized

text: that

text: the

text: Fourteenth

text: Amendment

text: does

text: not

text: deny

text: to

text: States

text: the

text: power

text: to

text: treat

text: different

text: classes

text: of

text: persons

text: in

text: different

text: ways

text: Barbier

text: v

text: Connolly

text: U

text: S

text: Lindsley

text: v

text: Natural

text: Carbonic

text: Gas

text: Co

text: U

text: S

text: Railway

text: Express

text: Agency

text: v

text: New

text: York

text: U

text: S

text: McDonald

text: v

text: Board

text: of

text: Election

text: Commissioners

text: U

text: S

text: The

text: Equal

text: Protection

text: Clause

text: of

text: that

text: amendment

text: does

text: however

text: deny

text: to

text: States

text: the

text: power

text: to

text: legislate

text: that

text: different

text: treatment

text: be

text: accorded

text: to

text: persons

text: placed

text: by

text: a

text: statute

text: into

text: different

text: classes

text: on

text: the

text: basis

text: of

text: criteria

text: wholly

text: unrelated

text: to

text: the

text: objective

text: of

text: that

text: statute

text: A

text: classification

text: must

text: be

text: reasonable

text: not

text: arbitrary

text: and

text: must

text: rest

text: upon

text: some

text: ground

text: of

text: difference

text: having

text: a

text: fair

text: and

text: substantial

text: relation

text: to

text: the

text: object

text: of

text: the

text: legislation

text: so

text: that

text: all

text: persons

text: similarly

text: circumstanced

text: shall

text: be

text: treated

text: alike

text: Royster

text: Guano

text: Co

text: v

text: Virginia

text: U

text: S

text: The

text: question

text: for

text: our

text: determination

text: in

text: this

text: case

text: is

text: whether

text: there

text: is

text: some

text: ground

text: of

text: difference

text: that

text: rationally

text: explains

text: the

text: different

text: treatment

text: accorded

text: married

text: and

text: unmarried

text: persons

text: under

text: Massachusetts

text: General

text: Laws

text: Ann

text: c

text: and

text: A

text: For

text: the

text: reasons

text: that

text: follow

text: we

text: conclude

text: that

text: no

text: such

text: ground

text: exists

text: First

text: Section

text: stems

text: from

text: Mass

text: Stat

text: c

text: which

text: prohibited

text: without

text: exception

text: distribution

text: of

text: articles

text: intended

text: to

text: be

text: used

text: as

text: contraceptives

text: In

text: Commonwealth

text: v

text: Allison

text: Mass

text: N

text: E

text: the

text: Massachusetts

text: Supreme

text: Judicial

text: Court

text: explained

text: that

text: the

text: law

text: s

text: plain

text: purpose

text: is

text: to

text: protect

text: purity

text: to

text: preserve

text: chastity

text: to

text: encourage

text: continence

text: and

text: self

text: restraint

text: to

text: defend

text: the

text: sanctity

text: of

text: the

text: home

text: and

text: thus

text: to

text: engender

text: in

text: the

text: State

text: and

text: nation

text: a

text: virile

text: and

text: virtuous

text: race

text: of

text: men

text: and

text: women

text: Although

text: the

text: State

text: clearly

text: abandoned

text: that

text: purpose

text: with

text: the

text: enactment

text: of

text: A

text: at

text: least

text: insofar

text: as

text: the

text: illicit

text: sexual

text: activities

text: of

text: married

text: persons

text: are

text: concerned

text: see

text: n

text: supra

text: the

text: court

text: reiterated

text: in

text: Sturgis

text: v

text: Attorney

text: General

text: supra

text: that

text: the

text: object

text: of

text: the

text: legislation

text: is

text: to

text: discourage

text: premarital

text: sexual

text: intercourse

text: Conceding

text: that

text: the

text: State

text: could

text: consistently

text: with

text: the

text: Equal

text: Protection

text: Clause

text: regard

text: the

text: problems

text: of

text: extramarital

text: and

text: premarital

text: sexual

text: relations

text: as

text: e

text: vils

text: of

text: different

text: dimensions

text: and

text: proportions

text: requiring

text: different

text: remedies

text: Williamson

text: v

text: Lee

text: Optical

text: Co

text: U

text: S

text: we

text: cannot

text: agree

text: that

text: the

text: deterrence

text: of

text: premarital

text: sex

text: may

text: reasonably

text: be

text: regarded

text: as

text: the

text: purpose

text: of

text: the

text: Massachusetts

text: law

text: It

text: would

text: be

text: plainly

text: unreasonable

text: to

text: assume

text: that

text: Massachusetts

text: has

text: prescribed

text: pregnancy

text: and

text: the

text: birth

text: of

text: an

text: unwanted

text: child

text: as

text: punishment

text: for

text: fornication

text: which

text: is

text: a

text: misdemeanor

text: under

text: Massachusetts

text: General

text: Laws

text: Ann

text: c

text: Aside

text: from

text: the

text: scheme

text: of

text: values

text: that

text: assumption

text: would

text: attribute

text: to

text: the

text: State

text: it

text: is

text: abundantly

text: clear

text: that

text: the

text: effect

text: of

text: the

text: ban

text: on

text: distribution

text: of

text: contraceptives

text: to

text: unmarried

text: persons

text: has

text: at

text: best

text: a

text: marginal

text: relation

text: to

text: the

text: proffered

text: objective

text: What

text: Mr

text: Justice

text: Goldberg

text: said

text: in

text: Griswold

text: v

text: Connecticut

text: supra

text: at

text: concurring

text: opinion

text: concerning

text: the

text: effect

text: of

text: Connecticut

text: s

text: prohibition

text: on

text: the

text: use

text: of

text: contraceptives

text: in

text: discouraging

text: extramarital

text: sexual

text: relations

text: is

text: equally

text: applicable

text: here

text: The

text: rationality

text: of

text: this

text: justification

text: is

text: dubious

text: particularly

text: in

text: light

text: of

text: the

text: admitted

text: widespread

text: availability

text: to

text: all

text: persons

text: in

text: the

text: State

text: of

text: Connecticut

text: unmarried

text: as

text: well

text: as

text: married

text: of

text: birth

text: control

text: devices

text: for

text: the

text: prevention

text: of

text: disease

text: as

text: distinguished

text: from

text: the

text: prevention

text: of

text: conception

text: See

text: also

text: id

text: at

text: WHITE

text: J

text: concurring

text: in

text: judgment

text: Like

text: Connecticut

text: s

text: laws

text: and

text: A

text: do

text: not

text: at

text: all

text: regulate

text: the

text: distribution

text: of

text: contraceptives

text: when

text: they

text: are

text: to

text: be

text: used

text: to

text: prevent

text: not

text: pregnancy

text: but

text: the

text: spread

text: of

text: disease

text: Commonwealth

text: v

text: Corbett

text: Mass

text: N

text: E

text: d

text: cited

text: with

text: approval

text: in

text: Commonwealth

text: v

text: Baird

text: Mass

text: at

text: N

text: E

text: d

text: at

text: Nor

text: in

text: making

text: contraceptives

text: available

text: to

text: married

text: persons

text: without

text: regard

text: to

text: their

text: intended

text: use

text: does

text: Massachusetts

text: attempt

text: to

text: deter

text: married

text: persons

text: from

text: engaging

text: in

text: illicit

text: sexual

text: relations

text: with

text: unmarried

text: persons

text: Even

text: on

text: the

text: assumption

text: that

text: the

text: fear

text: of

text: pregnancy

text: operates

text: as

text: a

text: deterrent

text: to

text: fornication

text: the

text: Massachusetts

text: statute

text: is

text: thus

text: so

text: riddled

text: with

text: exceptions

text: that

text: deterrence

text: of

text: premarital

text: sex

text: cannot

text: reasonably

text: be

text: regarded

text: as

text: its

text: aim

text: Moreover

text: and

text: A

text: on

text: their

text: face

text: have

text: a

text: dubious

text: relation

text: to

text: the

text: State

text: s

text: criminal

text: prohibition

text: on

text: fornication

text: As

text: the

text: Court

text: of

text: Appeals

text: explained

text: Fornication

text: is

text: a

text: misdemeanor

text: in

text: Massachusetts

text: entailing

text: a

text: thirty

text: dollar

text: fine

text: or

text: three

text: months

text: in

text: jail

text: Massachusetts

text: General

text: Laws

text: Ann

text: c

text: Violation

text: of

text: the

text: present

text: statute

text: is

text: a

text: felony

text: punishable

text: by

text: five

text: years

text: in

text: prison

text: We

text: find

text: it

text: hard

text: to

text: believe

text: that

text: the

text: legislature

text: adopted

text: a

text: statute

text: carrying

text: a

text: five

text: year

text: penalty

text: for

text: its

text: possible

text: obviously

text: by

text: no

text: means

text: fully

text: effective

text: deterrence

text: of

text: the

text: commission

text: of

text: a

text: ninety

text: day

text: misdemeanor

text: F

text: d

text: at

text: Even

text: conceding

text: the

text: legislature

text: a

text: full

text: measure

text: of

text: discretion

text: in

text: fashioning

text: means

text: to

text: prevent

text: fornication

text: and

text: recognizing

text: that

text: the

text: State

text: may

text: seek

text: to

text: deter

text: prohibited

text: conduct

text: by

text: punishing

text: more

text: severely

text: those

text: who

text: facilitate

text: than

text: those

text: who

text: actually

text: engage

text: in

text: its

text: commission

text: we

text: like

text: the

text: Court

text: of

text: Appeals

text: cannot

text: believe

text: that

text: in

text: this

text: instance

text: Massachusetts

text: has

text: chosen

text: to

text: expose

text: the

text: aider

text: and

text: abetter

text: who

text: simply

text: gives

text: away

text: a

text: contraceptive

text: to

text: times

text: the

text: day

text: sentence

text: of

text: the

text: offender

text: himself

text: The

text: very

text: terms

text: of

text: the

text: State

text: s

text: criminal

text: statutes

text: coupled

text: with

text: the

text: de

text: minimis

text: effect

text: of

text: and

text: A

text: in

text: deterring

text: fornication

text: thus

text: compel

text: the

text: conclusion

text: that

text: such

text: deterrence

text: cannot

text: reasonably

text: be

text: taken

text: as

text: the

text: purpose

text: of

text: the

text: ban

text: on

text: distribution

text: of

text: contraceptives

text: to

text: unmarried

text: persons

text: Second

text: Section

text: A

text: was

text: added

text: to

text: the

text: Massachusetts

text: General

text: Laws

text: by

text: Stat

text: c

text: The

text: Supreme

text: Judicial

text: Court

text: in

text: Commonwealth

text: v

text: Baird

text: supra

text: held

text: that

text: the

text: purpose

text: of

text: the

text: amendment

text: was

text: to

text: serve

text: the

text: health

text: needs

text: of

text: the

text: community

text: by

text: regulating

text: the

text: distribution

text: of

text: potentially

text: harmful

text: articles

text: It

text: is

text: plain

text: that

text: Massachusetts

text: had

text: no

text: such

text: purpose

text: in

text: mind

text: before

text: the

text: enactment

text: of

text: A

text: As

text: the

text: Court

text: of

text: Appeals

text: remarked

text: Consistent

text: with

text: the

text: fact

text: that

text: the

text: statute

text: was

text: contained

text: in

text: a

text: chapter

text: dealing

text: with

text: Crimes

text: Against

text: Chastity

text: Morality

text: Decency

text: and

text: Good

text: Order

text: it

text: was

text: cast

text: only

text: in

text: terms

text: of

text: morals

text: A

text: physician

text: was

text: forbidden

text: to

text: prescribe

text: contraceptives

text: even

text: when

text: needed

text: for

text: the

text: protection

text: of

text: health

text: Commonwealth

text: v

text: Gardner

text: Mass

text: N

text: E

text: d

text: F

text: d

text: at

text: Nor

text: did

text: the

text: Court

text: of

text: Appeals

text: believe

text: that

text: the

text: legislature

text: in

text: enacting

text: A

text: suddenly

text: reversed

text: its

text: field

text: and

text: developed

text: an

text: interest

text: in

text: health

text: Rather

text: it

text: merely

text: made

text: what

text: it

text: thought

text: to

text: be

text: the

text: precise

text: accommodation

text: necessary

text: to

text: escape

text: the

text: Griswold

text: ruling

text: Ibid

text: Again

text: we

text: must

text: agree

text: with

text: the

text: Court

text: of

text: Appeals

text: If

text: health

text: were

text: the

text: rationale

text: of

text: A

text: the

text: statute

text: would

text: be

text: both

text: discriminatory

text: and

text: overbroad

text: Dissenting

text: in

text: Commonwealth

text: v

text: Baird

text: Mass

text: at

text: N

text: E

text: d

text: at

text: Justices

text: Whittemore

text: and

text: Cutter

text: stated

text: that

text: they

text: saw

text: in

text: and

text: A

text: read

text: together

text: no

text: public

text: health

text: purpose

text: If

text: there

text: is

text: need

text: to

text: have

text: a

text: physician

text: prescribe

text: and

text: a

text: pharmacist

text: dispense

text: contraceptives

text: that

text: need

text: is

text: as

text: great

text: for

text: unmarried

text: persons

text: as

text: for

text: married

text: persons

text: The

text: Court

text: of

text: Appeals

text: added

text: If

text: the

text: prohibition

text: on

text: distribution

text: to

text: unmarried

text: persons

text: is

text: to

text: be

text: taken

text: to

text: mean

text: that

text: the

text: same

text: physician

text: who

text: can

text: prescribe

text: for

text: married

text: patients

text: does

text: not

text: have

text: sufficient

text: skill

text: to

text: protect

text: the

text: health

text: of

text: patients

text: who

text: lack

text: a

text: marriage

text: certificate

text: or

text: who

text: may

text: be

text: currently

text: divorced

text: it

text: is

text: illogical

text: to

text: the

text: point

text: of

text: irrationality

text: F

text: d

text: at

text: Furthermore

text: we

text: must

text: join

text: the

text: Court

text: of

text: Appeals

text: in

text: noting

text: that

text: not

text: all

text: contraceptives

text: are

text: potentially

text: dangerous

text: As

text: a

text: result

text: if

text: the

text: Massachusetts

text: statute

text: were

text: a

text: health

text: measure

text: it

text: would

text: not

text: only

text: invidiously

text: discriminate

text: against

text: the

text: unmarried

text: but

text: also

text: be

text: overbroad

text: with

text: respect

text: to

text: the

text: married

text: a

text: fact

text: that

text: the

text: Supreme

text: Judicial

text: Court

text: itself

text: seems

text: to

text: have

text: conceded

text: in

text: Sturgis

text: v

text: Attorney

text: General

text: Mass

text: at

text: N

text: E

text: d

text: at

text: where

text: it

text: noted

text: that

text: it

text: may

text: well

text: be

text: that

text: certain

text: contraceptive

text: medication

text: and

text: devices

text: constitute

text: no

text: hazard

text: to

text: health

text: in

text: which

text: event

text: it

text: could

text: be

text: argued

text: that

text: the

text: statute

text: swept

text: too

text: broadly

text: in

text: its

text: prohibition

text: In

text: this

text: posture

text: as

text: the

text: Court

text: of

text: Appeals

text: concluded

text: it

text: is

text: impossible

text: to

text: think

text: of

text: the

text: statute

text: as

text: intended

text: as

text: a

text: health

text: measure

text: for

text: the

text: unmarried

text: and

text: it

text: is

text: almost

text: as

text: difficult

text: to

text: think

text: of

text: it

text: as

text: so

text: intended

text: even

text: as

text: to

text: the

text: married

text: F

text: d

text: at

text: But

text: if

text: further

text: proof

text: that

text: the

text: Massachusetts

text: statute

text: is

text: not

text: a

text: health

text: measure

text: is

text: necessary

text: the

text: argument

text: of

text: Justice

text: Spiegel

text: who

text: also

text: dissented

text: in

text: Commonwealth

text: v

text: Baird

text: Mass

text: at

text: N

text: E

text: d

text: at

text: is

text: conclusive

text: It

text: is

text: at

text: best

text: a

text: strained

text: conception

text: to

text: say

text: that

text: the

text: Legislature

text: intended

text: to

text: prevent

text: the

text: distribution

text: of

text: articles

text: which

text: may

text: have

text: undesirable

text: if

text: not

text: dangerous

text: physical

text: consequences

text: If

text: that

text: was

text: the

text: Legislature

text: s

text: goal

text: is

text: not

text: required

text: in

text: view

text: of

text: the

text: federal

text: and

text: state

text: laws

text: already

text: regulating

text: the

text: distribution

text: of

text: harmful

text: drugs

text: See

text: Federal

text: Food

text: Drug

text: and

text: Cosmetic

text: Act

text: Stat

text: as

text: amended

text: U

text: S

text: C

text: Mass

text: Gen

text: Laws

text: Ann

text: c

text: A

text: as

text: amended

text: We

text: conclude

text: accordingly

text: that

text: despite

text: the

text: statute

text: s

text: superficial

text: earmarks

text: as

text: a

text: health

text: measure

text: health

text: on

text: the

text: face

text: of

text: the

text: statute

text: may

text: no

text: more

text: reasonably

text: be

text: regarded

text: as

text: its

text: purpose

text: than

text: the

text: deterrence

text: of

text: premarital

text: sexual

text: relations

text: Third

text: If

text: the

text: Massachusetts

text: statute

text: cannot

text: be

text: upheld

text: as

text: a

text: deterrent

text: to

text: fornication

text: or

text: as

text: a

text: health

text: measure

text: may

text: it

text: nevertheless

text: be

text: sustained

text: simply

text: as

text: a

text: prohibition

text: on

text: contraception

text: The

text: Court

text: of

text: Appeals

text: analysis

text: led

text: inevitably

text: to

text: the

text: conclusion

text: that

text: so

text: far

text: as

text: morals

text: are

text: concerned

text: it

text: is

text: contraceptives

text: per

text: se

text: that

text: are

text: considered

text: immoral

text: to

text: the

text: extent

text: that

text: Griswold

text: will

text: permit

text: such

text: a

text: declaration

text: F

text: d

text: at

text: The

text: Court

text: of

text: Appeals

text: went

text: on

text: to

text: hold

text: id

text: at

text: To

text: say

text: that

text: contraceptives

text: are

text: immoral

text: as

text: such

text: and

text: are

text: to

text: be

text: forbidden

text: to

text: unmarried

text: persons

text: who

text: will

text: nevertheless

text: persist

text: in

text: having

text: intercourse

text: means

text: that

text: such

text: persons

text: must

text: risk

text: for

text: themselves

text: an

text: unwanted

text: pregnancy

text: for

text: the

text: child

text: illegitimacy

text: and

text: for

text: society

text: a

text: possible

text: obligation

text: of

text: support

text: Such

text: a

text: view

text: of

text: morality

text: is

text: not

text: only

text: the

text: very

text: mirror

text: image

text: of

text: sensible

text: legislation

text: we

text: consider

text: that

text: it

text: conflicts

text: with

text: fundamental

text: human

text: rights

text: In

text: the

text: absence

text: of

text: demonstrated

text: harm

text: we

text: hold

text: it

text: is

text: beyond

text: the

text: competency

text: of

text: the

text: state

text: We

text: need

text: not

text: and

text: do

text: not

text: however

text: decide

text: that

text: important

text: question

text: in

text: this

text: case

text: because

text: whatever

text: the

text: rights

text: of

text: the

text: individual

text: to

text: access

text: to

text: contraceptives

text: may

text: be

text: the

text: rights

text: must

text: be

text: the

text: same

text: for

text: the

text: unmarried

text: and

text: the

text: married

text: alike

text: If

text: under

text: Griswold

text: the

text: distribution

text: of

text: contraceptives

text: to

text: married

text: persons

text: cannot

text: be

text: prohibited

text: a

text: ban

text: on

text: distribution

text: to

text: unmarried

text: persons

text: would

text: be

text: equally

text: impermissible

text: It

text: is

text: true

text: that

text: in

text: Griswold

text: the

text: right

text: of

text: privacy

text: in

text: question

text: inhered

text: in

text: the

text: marital

text: relationship

text: Yet

text: the

text: marital

text: couple

text: is

text: not

text: an

text: independent

text: entity

text: with

text: a

text: mind

text: and

text: heart

text: of

text: its

text: own

text: but

text: an

text: association

text: of

text: two

text: individuals

text: each

text: with

text: a

text: separate

text: intellectual

text: and

text: emotional

text: makeup

text: If

text: the

text: right

text: of

text: privacy

text: means

text: anything

text: it

text: is

text: the

text: right

text: of

text: the

text: individual

text: married

text: or

text: single

text: to

text: be

text: free

text: from

text: unwarranted

text: governmental

text: intrusion

text: into

text: matters

text: so

text: fundamentally

text: affecting

text: a

text: person

text: as

text: the

text: decision

text: whether

text: to

text: bear

text: or

text: beget

text: a

text: child

text: See

text: Stanley

text: v

text: Georgia

text: U

text: S

text: See

text: also

text: Skinner

text: v

text: Oklahoma

text: U

text: S

text: Jacobson

text: v

text: Massachusetts

text: U

text: S

text: On

text: the

text: other

text: hand

text: if

text: Griswold

text: is

text: no

text: bar

text: to

text: a

text: prohibition

text: on

text: the

text: distribution

text: of

text: contraceptives

text: the

text: State

text: could

text: not

text: consistently

text: with

text: the

text: Equal

text: Protection

text: Clause

text: outlaw

text: distribution

text: to

text: unmarried

text: but

text: not

text: to

text: married

text: persons

text: In

text: each

text: case

text: the

text: evil

text: as

text: perceived

text: by

text: the

text: State

text: would

text: be

text: identical

text: and

text: the

text: underinclusion

text: would

text: be

text: invidious

text: Mr

text: Justice

text: Jackson

text: concurring

text: in

text: Railway

text: Express

text: Agency

text: v

text: New

text: York

text: U

text: S

text: made

text: the

text: point

text: The

text: framers

text: of

text: the

text: Constitution

text: knew

text: and

text: we

text: should

text: not

text: forget

text: today

text: that

text: there

text: is

text: no

text: more

text: effective

text: practical

text: guaranty

text: against

text: arbitrary

text: and

text: unreasonable

text: government

text: than

text: to

text: require

text: that

text: the

text: principles

text: of

text: law

text: which

text: officials

text: would

text: impose

text: upon

text: a

text: minority

text: must

text: be

text: imposed

text: generally

text: Conversely

text: nothing

text: opens

text: the

text: door

text: to

text: arbitrary

text: action

text: so

text: effectively

text: as

text: to

text: allow

text: those

text: officials

text: to

text: pick

text: and

text: choose

text: only

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text: few

text: to

text: whom

text: they

text: will

text: apply

text: legislation

text: and

text: thus

text: to

text: escape

text: the

text: political

text: retribution

text: that

text: might

text: be

text: visited

text: upon

text: them

text: if

text: larger

text: numbers

text: were

text: affected

text: Courts

text: can

text: take

text: no

text: better

text: measure

text: to

text: assure

text: that

text: laws

text: will

text: be

text: just

text: than

text: to

text: require

text: that

text: laws

text: be

text: equal

text: in

text: operation

text: Although

text: Mr

text: Justice

text: Jackson

text: s

text: comments

text: had

text: reference

text: to

text: administrative

text: regulations

text: the

text: principle

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text: affirmed

text: has

text: equal

text: application

text: to

text: the

text: legislation

text: here

text: We

text: hold

text: that

text: by

text: providing

text: dissimilar

text: treatment

text: for

text: married

text: and

text: unmarried

text: persons

text: who

text: are

text: similarly

text: situated

text: Massachusetts

text: General

text: Laws

text: Ann

text: c

text: and

text: A

text: violate

text: the

text: Equal

text: Protection

text: Clause

text: The

text: judgment

text: of

text: the

text: Court

text: of

text: Appeals

text: is

text: Affirmed

text: MR

text: JUSTICE

text: POWELL

text: and

text: MR

text: JUSTICE

text: REHNQUIST

text: took

text: no

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text: the

text: consideration

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text: decision

text: of

text: this

text: case

text: MR

text: JUSTICE

text: DOUGLAS

text: concurring

text: While

text: I

text: join

text: the

text: opinion

text: of

text: the

text: Court

text: there

text: is

text: for

text: me

text: a

text: narrower

text: ground

text: for

text: affirming

text: the

text: Court

text: of

text: Appeals

text: This

text: to

text: me

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text: a

text: simple

text: First

text: Amendment

text: case

text: that

text: amendment

text: being

text: applicable

text: to

text: the

text: States

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text: reason

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text: the

text: Fourteenth

text: Stromberg

text: v

text: California

text: U

text: S

text: Under

text: no

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text: of

text: the

text: law

text: as

text: presently

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text: could

text: Massachusetts

text: require

text: a

text: license

text: for

text: those

text: who

text: desire

text: to

text: lecture

text: on

text: planned

text: parenthood

text: contraceptives

text: the

text: rights

text: of

text: women

text: birth

text: control

text: or

text: any

text: allied

text: subject

text: or

text: place

text: a

text: tax

text: on

text: that

text: privilege

text: As

text: to

text: license

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text: First

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text: said

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text: Murdock

text: v

text: Pennsylvania

text: U

text: S

text: A

text: license

text: tax

text: certainly

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text: acquire

text: constitutional

text: validity

text: because

text: it

text: classifies

text: the

text: privileges

text: protected

text: by

text: the

text: First

text: Amendment

text: along

text: with

text: the

text: wares

text: and

text: merchandise

text: of

text: hucksters

text: and

text: peddlers

text: and

text: treats

text: them

text: all

text: alike

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text: equality

text: in

text: treatment

text: does

text: not

text: save

text: the

text: ordinance

text: Freedom

text: of

text: press

text: freedom

text: of

text: speech

text: freedom

text: of

text: religion

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text: in

text: a

text: preferred

text: position

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text: v

text: Collins

text: U

text: S

text: that

text: a

text: person

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text: at

text: a

text: labor

text: union

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text: be

text: required

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text: register

text: or

text: obtain

text: a

text: license

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text: a

text: matter

text: of

text: principle

text: a

text: requirement

text: of

text: registration

text: in

text: order

text: to

text: make

text: a

text: public

text: speech

text: would

text: seem

text: generally

text: incompatible

text: with

text: an

text: exercise

text: of

text: the

text: rights

text: of

text: free

text: speech

text: and

text: free

text: assembly

text: Lawful

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text: assemblies

text: involving

text: no

text: element

text: of

text: grave

text: and

text: immediate

text: danger

text: to

text: an

text: interest

text: the

text: State

text: is

text: entitled

text: to

text: protect

text: are

text: not

text: instruments

text: of

text: harm

text: which

text: require

text: previous

text: identification

text: of

text: the

text: speakers

text: And

text: the

text: right

text: either

text: of

text: workmen

text: or

text: of

text: unions

text: under

text: these

text: conditions

text: to

text: assemble

text: and

text: discuss

text: their

text: own

text: affairs

text: is

text: as

text: fully

text: protected

text: by

text: the

text: Constitution

text: as

text: the

text: right

text: of

text: businessmen

text: farmers

text: educators

text: political

text: party

text: members

text: or

text: others

text: to

text: assemble

text: and

text: discuss

text: their

text: affairs

text: and

text: to

text: enlist

text: the

text: support

text: of

text: others

text: If

text: one

text: who

text: solicits

text: support

text: for

text: the

text: cause

text: of

text: labor

text: may

text: be

text: required

text: to

text: register

text: as

text: a

text: condition

text: to

text: the

text: exercise

text: of

text: his

text: right

text: to

text: make

text: a

text: public

text: speech

text: so

text: may

text: he

text: who

text: seeks

text: to

text: rally

text: support

text: for

text: any

text: social

text: business

text: religious

text: or

text: political

text: cause

text: We

text: think

text: a

text: requirement

text: that

text: one

text: must

text: register

text: before

text: he

text: undertakes

text: to

text: make

text: a

text: public

text: speech

text: to

text: enlist

text: support

text: for

text: a

text: lawful

text: movement

text: is

text: quite

text: incompatible

text: with

text: the

text: requirements

text: of

text: the

text: First

text: Amendment

text: Id

text: at

text: Baird

text: addressed

text: an

text: audience

text: of

text: students

text: and

text: faculty

text: at

text: Boston

text: University

text: on

text: the

text: subject

text: of

text: birth

text: control

text: and

text: overpopulation

text: His

text: address

text: was

text: approximately

text: one

text: hour

text: in

text: length

text: and

text: consisted

text: of

text: a

text: discussion

text: of

text: various

text: contraceptive

text: devices

text: displayed

text: by

text: means

text: of

text: diagrams

text: on

text: two

text: demonstration

text: boards

text: as

text: well

text: as

text: a

text: display

text: of

text: contraceptive

text: devices

text: in

text: their

text: original

text: packages

text: In

text: addition

text: Baird

text: spoke

text: of

text: the

text: respective

text: merits

text: of

text: various

text: contraceptive

text: devices

text: overpopulation

text: in

text: the

text: world

text: crises

text: throughout

text: the

text: world

text: due

text: to

text: overpopulation

text: the

text: large

text: number

text: of

text: abortions

text: performed

text: on

text: unwed

text: mothers

text: and

text: quack

text: abortionists

text: and

text: the

text: potential

text: harm

text: to

text: women

text: resulting

text: from

text: abortions

text: performed

text: by

text: quack

text: abortionists

text: Baird

text: also

text: urged

text: members

text: of

text: the

text: audience

text: to

text: petition

text: the

text: Massachusetts

text: Legislature

text: and

text: to

text: make

text: known

text: their

text: feelings

text: with

text: regard

text: to

text: birth

text: control

text: laws

text: in

text: order

text: to

text: bring

text: about

text: a

text: change

text: in

text: the

text: laws

text: At

text: the

text: close

text: of

text: the

text: address

text: Baird

text: invited

text: members

text: of

text: the

text: audience

text: to

text: come

text: to

text: the

text: stage

text: and

text: help

text: themselves

text: to

text: the

text: contraceptive

text: articles

text: We

text: do

text: not

text: know

text: how

text: many

text: accepted

text: Baird

text: s

text: invitation

text: We

text: only

text: know

text: that

text: Baird

text: personally

text: handed

text: one

text: woman

text: a

text: package

text: of

text: Emko

text: Vaginal

text: Foam

text: He

text: was

text: then

text: arrested

text: and

text: indicted

text: for

text: exhibiting

text: contraceptive

text: devices

text: and

text: for

text: giving

text: one

text: such

text: device

text: away

text: The

text: conviction

text: for

text: the

text: first

text: offense

text: was

text: reversed

text: the

text: Supreme

text: Judicial

text: Court

text: of

text: Massachusetts

text: holding

text: that

text: the

text: display

text: of

text: the

text: articles

text: was

text: essential

text: to

text: a

text: graphic

text: representation

text: of

text: the

text: lecture

text: But

text: the

text: conviction

text: for

text: the

text: giving

text: away

text: of

text: one

text: article

text: was

text: sustained

text: Mass

text: N

text: E

text: d

text: The

text: case

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text: us

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text: federal

text: habeas

text: corpus

text: Had

text: Baird

text: not

text: given

text: away

text: a

text: sample

text: of

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text: of

text: the

text: devices

text: whose

text: use

text: he

text: advocated

text: there

text: could

text: be

text: no

text: question

text: about

text: the

text: protection

text: afforded

text: him

text: by

text: the

text: First

text: Amendment

text: A

text: State

text: may

text: not

text: contract

text: the

text: spectrum

text: of

text: available

text: knowledge

text: Griswold

text: v

text: Connecticut

text: U

text: S

text: See

text: also

text: Thomas

text: v

text: Collins

text: supra

text: Pierce

text: v

text: Society

text: of

text: Sisters

text: U

text: S

text: Meyer

text: v

text: Nebraska

text: U

text: S

text: However

text: noxious

text: Baird

text: s

text: ideas

text: might

text: have

text: been

text: to

text: the

text: authorities

text: the

text: freedom

text: to

text: learn

text: about

text: them

text: fully

text: to

text: comprehend

text: their

text: scope

text: and

text: portent

text: and

text: to

text: weigh

text: them

text: against

text: the

text: tenets

text: of

text: the

text: conventional

text: wisdom

text: may

text: not

text: be

text: abridged

text: Terminiello

text: v

text: Chicago

text: U

text: S

text: Our

text: system

text: of

text: government

text: requires

text: that

text: we

text: have

text: faith

text: in

text: the

text: ability

text: of

text: the

text: individual

text: to

text: decide

text: wisely

text: if

text: only

text: he

text: is

text: fully

text: apprised

text: of

text: the

text: merits

text: of

text: a

text: controversy

text: Freedom

text: of

text: discussion

text: if

text: it

text: would

text: fulfill

text: its

text: historic

text: function

text: in

text: this

text: nation

text: must

text: embrace

text: all

text: issues

text: about

text: which

text: information

text: is

text: needed

text: or

text: appropriate

text: to

text: enable

text: the

text: members

text: of

text: society

text: to

text: cope

text: with

text: the

text: exigencies

text: of

text: their

text: period

text: Thornhill

text: v

text: Alabama

text: U

text: S

text: The

text: teachings

text: of

text: Baird

text: and

text: those

text: of

text: Galileo

text: might

text: be

text: of

text: a

text: different

text: order

text: but

text: the

text: suppression

text: of

text: either

text: is

text: equally

text: repugnant

text: As

text: Milton

text: said

text: in

text: the

text: Areopagitica

text: Give

text: me

text: the

text: liberty

text: to

text: know

text: to

text: utter

text: and

text: to

text: argue

text: freely

text: according

text: to

text: conscience

text: above

text: all

text: liberties

text: It

text: is

text: said

text: that

text: only

text: Baird

text: s

text: conduct

text: is

text: involved

text: and

text: United

text: States

text: v

text: O

text: Brien

text: U

text: S

text: is

text: cited

text: That

text: case

text: involved

text: a

text: registrant

text: under

text: the

text: Selective

text: Service

text: Act

text: burning

text: his

text: Selective

text: Service

text: draft

text: card

text: When

text: prosecuted

text: for

text: that

text: act

text: he

text: defended

text: his

text: conduct

text: as

text: symbolic

text: speech

text: The

text: Court

text: held

text: it

text: was

text: not

text: Whatever

text: may

text: be

text: thought

text: of

text: that

text: decision

text: on

text: the

text: merits

text: O

text: Brien

text: is

text: not

text: controlling

text: here

text: The

text: distinction

text: between

text: speech

text: and

text: conduct

text: is

text: a

text: valid

text: one

text: insofar

text: as

text: it

text: helps

text: to

text: determine

text: in

text: a

text: particular

text: case

text: whether

text: the

text: purpose

text: of

text: the

text: activity

text: was

text: to

text: aid

text: in

text: the

text: communication

text: of

text: ideas

text: and

text: whether

text: the

text: form

text: of

text: the

text: communication

text: so

text: interferes

text: with

text: the

text: rights

text: of

text: others

text: that

text: reasonable

text: regulations

text: may

text: be

text: imposed

text: See

text: Public

text: Utilities

text: Comm

text: n

text: v

text: Pollak

text: U

text: S

text: DOUGLAS

text: J

text: dissenting

text: Thus

text: excessive

text: noise

text: might

text: well

text: be

text: conduct

text: a

text: form

text: of

text: pollution

text: which

text: can

text: be

text: made

text: subject

text: to

text: precise

text: narrowly

text: drawn

text: regulations

text: See

text: Adderley

text: v

text: Florida

text: U

text: S

text: DOUGLAS

text: J

text: dissenting

text: But

text: this

text: Court

text: has

text: repeatedly

text: stated

text: First

text: Amendment

text: rights

text: are

text: not

text: confined

text: to

text: verbal

text: expression

text: They

text: embrace

text: appropriate

text: types

text: of

text: action

text: Brown

text: v

text: Louisiana

text: U

text: S

text: Baird

text: gave

text: an

text: hour

text: s

text: lecture

text: on

text: birth

text: control

text: and

text: as

text: an

text: aid

text: to

text: understanding

text: the

text: ideas

text: which

text: he

text: was

text: propagating

text: he

text: handed

text: out

text: one

text: sample

text: of

text: one

text: of

text: the

text: devices

text: whose

text: use

text: he

text: was

text: endorsing

text: A

text: person

text: giving

text: a

text: lecture

text: on

text: coyote

text: getters

text: would

text: certainly

text: improve

text: his

text: teaching

text: technique

text: if

text: he

text: passed

text: one

text: out

text: to

text: the

text: audience

text: and

text: he

text: would

text: be

text: protected

text: in

text: doing

text: so

text: unless

text: of

text: course

text: the

text: device

text: was

text: loaded

text: and

text: ready

text: to

text: explode

text: killing

text: or

text: injuring

text: people

text: The

text: same

text: holds

text: true

text: in

text: my

text: mind

text: for

text: mousetraps

text: spray

text: guns

text: or

text: any

text: other

text: article

text: not

text: dangerous

text: per

text: se

text: on

text: which

text: speakers

text: give

text: educational

text: lectures

text: It

text: is

text: irrelevant

text: to

text: the

text: application

text: of

text: these

text: principles

text: that

text: Baird

text: went

text: beyond

text: the

text: giving

text: of

text: information

text: about

text: birth

text: control

text: and

text: advocated

text: the

text: use

text: of

text: contraceptive

text: articles

text: The

text: First

text: Amendment

text: protects

text: the

text: opportunity

text: to

text: persuade

text: to

text: action

text: whether

text: that

text: action

text: be

text: unwise

text: or

text: immoral

text: or

text: whether

text: the

text: speech

text: incites

text: to

text: action

text: See

text: e

text: g

text: Brandenburg

text: v

text: Ohio

text: U

text: S

text: Edwards

text: v

text: South

text: Carolina

text: U

text: S

text: Terminiello

text: v

text: Chicago

text: supra

text: In

text: this

text: case

text: there

text: was

text: not

text: even

text: incitement

text: to

text: action

text: There

text: is

text: no

text: evidence

text: or

text: finding

text: that

text: Baird

text: intended

text: that

text: the

text: young

text: lady

text: take

text: the

text: foam

text: home

text: with

text: her

text: when

text: he

text: handed

text: it

text: to

text: her

text: or

text: that

text: she

text: would

text: not

text: have

text: examined

text: the

text: article

text: and

text: then

text: returned

text: it

text: to

text: Baird

text: had

text: he

text: not

text: been

text: placed

text: under

text: arrest

text: immediately

text: upon

text: handing

text: the

text: article

text: over

text: First

text: Amendment

text: rights

text: are

text: not

text: limited

text: to

text: verbal

text: expression

text: The

text: right

text: to

text: petition

text: often

text: involves

text: the

text: right

text: to

text: walk

text: The

text: right

text: of

text: assembly

text: may

text: mean

text: pushing

text: or

text: jostling

text: Picketing

text: involves

text: physical

text: activity

text: as

text: well

text: as

text: a

text: display

text: of

text: a

text: sign

text: A

text: sit

text: in

text: can

text: be

text: a

text: quiet

text: dignified

text: protest

text: that

text: has

text: First

text: Amendment

text: protection

text: even

text: though

text: no

text: speech

text: is

text: involved

text: as

text: we

text: held

text: in

text: Brown

text: v

text: Louisiana

text: supra

text: Putting

text: contraceptives

text: on

text: display

text: is

text: certainly

text: an

text: aid

text: to

text: speech

text: and

text: discussion

text: Handing

text: an

text: article

text: under

text: discussion

text: to

text: a

text: member

text: of

text: the

text: audience

text: is

text: a

text: technique

text: known

text: to

text: all

text: teachers

text: and

text: is

text: commonly

text: used

text: A

text: handout

text: may

text: be

text: on

text: such

text: a

text: scale

text: as

text: to

text: smack

text: of

text: a

text: vendor

text: s

text: marketing

text: scheme

text: But

text: passing

text: one

text: article

text: to

text: an

text: audience

text: is

text: merely

text: a

text: projection

text: of

text: the

text: visual

text: aid

text: and

text: should

text: be

text: a

text: permissible

text: adjunct

text: of

text: free

text: speech

text: Baird

text: was

text: not

text: making

text: a

text: prescription

text: nor

text: purporting

text: to

text: give

text: medical

text: advice

text: Handing

text: out

text: the

text: article

text: was

text: not

text: even

text: a

text: suggestion

text: that

text: the

text: lady

text: use

text: it

text: At

text: most

text: it

text: suggested

text: that

text: she

text: become

text: familiar

text: with

text: the

text: product

text: line

text: I

text: do

text: not

text: see

text: how

text: we

text: can

text: have

text: a

text: Society

text: of

text: the

text: Dialogue

text: which

text: the

text: First

text: Amendment

text: envisages

text: if

text: time

text: honored

text: teaching

text: techniques

text: are

text: barred

text: to

text: those

text: who

text: give

text: educational

text: lectures

text: MR

text: JUSTICE

text: WHITE

text: with

text: whom

text: MR

text: JUSTICE

text: BLACKMUN

text: joins

text: concurring

text: in

text: the

text: result

text: In

text: Griswold

text: v

text: Connecticut

text: U

text: S

text: we

text: reversed

text: criminal

text: convictions

text: for

text: advising

text: married

text: persons

text: with

text: respect

text: to

text: the

text: use

text: of

text: contraceptives

text: As

text: there

text: applied

text: the

text: Connecticut

text: law

text: which

text: forbade

text: using

text: contraceptives

text: or

text: giving

text: advice

text: on

text: the

text: subject

text: unduly

text: invaded

text: a

text: zone

text: of

text: marital

text: privacy

text: protected

text: by

text: the

text: Bill

text: of

text: Rights

text: The

text: Connecticut

text: law

text: did

text: not

text: regulate

text: the

text: manufacture

text: or

text: sale

text: of

text: such

text: products

text: and

text: we

text: expressly

text: left

text: open

text: any

text: question

text: concerning

text: the

text: permissible

text: scope

text: of

text: such

text: legislation

text: U

text: S

text: at

text: Chapter

text: of

text: the

text: Massachusetts

text: General

text: Laws

text: makes

text: it

text: a

text: criminal

text: offense

text: to

text: distribute

text: sell

text: or

text: give

text: away

text: any

text: drug

text: medicine

text: or

text: article

text: for

text: the

text: prevention

text: of

text: conception

text: Section

text: A

text: excepts

text: from

text: this

text: prohibition

text: registered

text: physicians

text: who

text: prescribe

text: for

text: and

text: administer

text: such

text: articles

text: to

text: married

text: persons

text: and

text: registered

text: pharmacists

text: who

text: dispense

text: on

text: medical

text: prescription

text: Appellee

text: Baird

text: was

text: indicted

text: for

text: giving

text: away

text: Emko

text: Vaginal

text: Foam

text: a

text: medicine

text: and

text: article

text: for

text: the

text: prevention

text: of

text: conception

text: The

text: State

text: did

text: not

text: purport

text: to

text: charge

text: or

text: convict

text: Baird

text: for

text: distributing

text: to

text: an

text: unmarried

text: person

text: No

text: proof

text: was

text: offered

text: as

text: to

text: the

text: marital

text: status

text: of

text: the

text: recipient

text: The

text: gravamen

text: of

text: the

text: offense

text: charged

text: was

text: that

text: Baird

text: had

text: no

text: license

text: and

text: therefore

text: no

text: authority

text: to

text: distribute

text: to

text: anyone

text: As

text: the

text: Supreme

text: Judicial

text: Court

text: of

text: Massachusetts

text: noted

text: the

text: constitutional

text: validity

text: of

text: Baird

text: s

text: conviction

text: rested

text: upon

text: his

text: lack

text: of

text: status

text: as

text: a

text: distributor

text: and

text: not

text: the

text: marital

text: status

text: of

text: the

text: recipient

text: Commonwealth

text: v

text: Baird

text: Mass

text: N

text: E

text: d

text: The

text: Federal

text: District

text: Court

text: was

text: of

text: the

text: same

text: view

text: I

text: assume

text: that

text: a

text: State

text: s

text: interest

text: in

text: the

text: health

text: of

text: its

text: citizens

text: empowers

text: it

text: to

text: restrict

text: to

text: medical

text: channels

text: the

text: distribution

text: of

text: products

text: whose

text: use

text: should

text: be

text: accompanied

text: by

text: medical

text: advice

text: I

text: also

text: do

text: not

text: doubt

text: that

text: various

text: contraceptive

text: medicines

text: and

text: articles

text: are

text: properly

text: available

text: only

text: on

text: prescription

text: and

text: I

text: therefore

text: have

text: no

text: difficulty

text: with

text: the

text: Massachusetts

text: court

text: s

text: characterization

text: of

text: the

text: statute

text: at

text: issue

text: here

text: as

text: expressing

text: a

text: legitimate

text: interest

text: in

text: preventing

text: the

text: distribution

text: of

text: articles

text: designed

text: to

text: prevent

text: conception

text: which

text: may

text: have

text: undesirable

text: if

text: not

text: dangerous

text: physical

text: consequences

text: Id

text: at

text: N

text: E

text: d

text: at

text: Had

text: Baird

text: distributed

text: a

text: supply

text: of

text: the

text: so

text: called

text: pill

text: I

text: would

text: sustain

text: his

text: conviction

text: under

text: this

text: statute

text: Requiring

text: a

text: prescription

text: to

text: obtain

text: potentially

text: dangerous

text: contraceptive

text: material

text: may

text: place

text: a

text: substantial

text: burden

text: upon

text: the

text: right

text: recognized

text: in

text: Griswold

text: but

text: that

text: burden

text: is

text: justified

text: by

text: a

text: strong

text: state

text: interest

text: and

text: does

text: not

text: as

text: did

text: the

text: statute

text: at

text: issue

text: in

text: Griswold

text: sweep

text: unnecessarily

text: broadly

text: or

text: seek

text: to

text: achieve

text: its

text: goals

text: by

text: means

text: having

text: a

text: maximum

text: destructive

text: impact

text: upon

text: a

text: protected

text: relationship

text: Griswold

text: v

text: Connecticut

text: U

text: S

text: at

text: Baird

text: however

text: was

text: found

text: guilty

text: of

text: giving

text: away

text: vaginal

text: foam

text: Inquiry

text: into

text: the

text: validity

text: of

text: this

text: conviction

text: does

text: not

text: come

text: to

text: an

text: end

text: merely

text: because

text: some

text: contraceptives

text: are

text: harmful

text: and

text: their

text: distribution

text: may

text: be

text: restricted

text: Our

text: general

text: reluctance

text: to

text: question

text: a

text: State

text: s

text: judgment

text: on

text: matters

text: of

text: public

text: health

text: must

text: give

text: way

text: where

text: as

text: here

text: the

text: restriction

text: at

text: issue

text: burdens

text: the

text: constitutional

text: rights

text: of

text: married

text: persons

text: to

text: use

text: contraceptives

text: In

text: these

text: circumstances

text: we

text: may

text: not

text: accept

text: on

text: faith

text: the

text: State

text: s

text: classification

text: of

text: a

text: particular

text: contraceptive

text: as

text: dangerous

text: to

text: health

text: Due

text: regard

text: for

text: protecting

text: constitutional

text: rights

text: requires

text: that

text: the

text: record

text: contain

text: evidence

text: that

text: a

text: restriction

text: on

text: distribution

text: of

text: vaginal

text: foam

text: is

text: essential

text: to

text: achieve

text: the

text: statutory

text: purpose

text: or

text: the

text: relevant

text: facts

text: concerning

text: the

text: product

text: must

text: be

text: such

text: as

text: to

text: fall

text: within

text: the

text: range

text: of

text: judicial

text: notice

text: Neither

text: requirement

text: is

text: met

text: here

text: Nothing

text: in

text: the

text: record

text: even

text: suggests

text: that

text: the

text: distribution

text: of

text: vaginal

text: foam

text: should

text: be

text: accompanied

text: by

text: medical

text: advice

text: in

text: order

text: to

text: protect

text: the

text: user

text: s

text: health

text: Nor

text: does

text: the

text: opinion

text: of

text: the

text: Massachusetts

text: court

text: or

text: the

text: State

text: s

text: brief

text: filed

text: here

text: marshal

text: facts

text: demonstrating

text: that

text: the

text: hazards

text: of

text: using

text: vaginal

text: foam

text: are

text: common

text: knowledge

text: or

text: so

text: incontrovertible

text: that

text: they

text: may

text: be

text: noticed

text: judicially

text: On

text: the

text: contrary

text: the

text: State

text: acknowledges

text: that

text: Emko

text: is

text: a

text: product

text: widely

text: available

text: without

text: prescription

text: Given

text: Griswold

text: v

text: Connecticut

text: supra

text: and

text: absent

text: proof

text: of

text: the

text: probable

text: hazards

text: of

text: using

text: vaginal

text: foam

text: we

text: could

text: not

text: sustain

text: appellee

text: s

text: conviction

text: had

text: it

text: been

text: for

text: selling

text: or

text: giving

text: away

text: foam

text: to

text: a

text: married

text: person

text: Just

text: as

text: in

text: Griswold

text: where

text: the

text: right

text: of

text: married

text: persons

text: to

text: use

text: contraceptives

text: was

text: diluted

text: or

text: adversely

text: affected

text: by

text: permitting

text: a

text: conviction

text: for

text: giving

text: advice

text: as

text: to

text: its

text: exercise

text: id

text: at

text: so

text: here

text: to

text: sanction

text: a

text: medical

text: restriction

text: upon

text: distribution

text: of

text: a

text: contraceptive

text: not

text: proved

text: hazardous

text: to

text: health

text: would

text: impair

text: the

text: exercise

text: of

text: the

text: constitutional

text: right

text: That

text: Baird

text: could

text: not

text: be

text: convicted

text: for

text: distributing

text: Emko

text: to

text: a

text: married

text: person

text: disposes

text: of

text: this

text: case

text: Assuming

text: arguendo

text: that

text: the

text: result

text: would

text: be

text: otherwise

text: had

text: the

text: recipient

text: been

text: unmarried

text: nothing

text: has

text: been

text: placed

text: in

text: the

text: record

text: to

text: indicate

text: her

text: marital

text: status

text: The

text: State

text: has

text: maintained

text: that

text: marital

text: status

text: is

text: irrelevant

text: because

text: an

text: unlicensed

text: person

text: cannot

text: legally

text: dispense

text: vaginal

text: foam

text: either

text: to

text: married

text: or

text: unmarried

text: persons

text: This

text: approach

text: is

text: plainly

text: erroneous

text: and

text: requires

text: the

text: reversal

text: of

text: Baird

text: s

text: conviction

text: for

text: on

text: the

text: facts

text: of

text: this

text: case

text: it

text: deprives

text: us

text: of

text: knowing

text: whether

text: Baird

text: was

text: in

text: fact

text: convicted

text: for

text: making

text: a

text: constitutionally

text: protected

text: distribution

text: of

text: Emko

text: to

text: a

text: married

text: person

text: The

text: principle

text: established

text: in

text: Stromberg

text: v

text: California

text: U

text: S

text: and

text: consistently

text: adhered

text: to

text: is

text: that

text: a

text: conviction

text: cannot

text: stand

text: where

text: the

text: record

text: fail

text: s

text: to

text: prove

text: that

text: the

text: conviction

text: was

text: not

text: founded

text: upon

text: a

text: theory

text: which

text: could

text: not

text: constitutionally

text: support

text: a

text: verdict

text: Street

text: v

text: New

text: York

text: U

text: S

text: To

text: uphold

text: a

text: conviction

text: even

text: though

text: we

text: cannot

text: know

text: that

text: it

text: did

text: not

text: rest

text: on

text: the

text: invalid

text: constitutional

text: ground

text: would

text: be

text: to

text: countenance

text: a

text: procedure

text: which

text: would

text: cause

text: a

text: serious

text: impairment

text: of

text: constitutional

text: rights

text: Williams

text: v

text: North

text: Carolina

text: U

text: S

text: Because

text: this

text: case

text: can

text: be

text: disposed

text: of

text: on

text: the

text: basis

text: of

text: settled

text: constitutional

text: doctrine

text: I

text: perceive

text: no

text: reason

text: for

text: reaching

text: the

text: novel

text: constitutional

text: question

text: whether

text: a

text: State

text: may

text: restrict

text: or

text: forbid

text: the

text: distribution

text: of

text: contraceptives

text: to

text: the

text: unmarried

text: Cf

text: Ashwander

text: v

text: Tennessee

text: Valley

text: Authority

text: U

text: S

text: Brandeis

text: J

text: concurring

text: MR

text: CHIEF

text: JUSTICE

text: BURGER

text: dissenting

text: The

text: judgment

text: of

text: the

text: Supreme

text: Judicial

text: Court

text: of

text: Massachusetts

text: in

text: sustaining

text: appellee

text: s

text: conviction

text: for

text: dispensing

text: medicinal

text: material

text: without

text: a

text: license

text: seems

text: eminently

text: correct

text: to

text: me

text: and

text: I

text: would

text: not

text: disturb

text: it

text: It

text: is

text: undisputed

text: that

text: appellee

text: is

text: not

text: a

text: physician

text: or

text: pharmacist

text: and

text: was

text: prohibited

text: under

text: Massachusetts

text: law

text: from

text: dispensing

text: contraceptives

text: to

text: anyone

text: regardless

text: of

text: marital

text: status

text: To

text: my

text: mind

text: the

text: validity

text: of

text: this

text: restriction

text: on

text: dispensing

text: medicinal

text: substances

text: is

text: the

text: only

text: issue

text: before

text: the

text: Court

text: and

text: appellee

text: has

text: no

text: standing

text: to

text: challenge

text: that

text: part

text: of

text: the

text: statute

text: restricting

text: the

text: persons

text: to

text: whom

text: contraceptives

text: are

text: available

text: There

text: is

text: no

text: need

text: to

text: labor

text: this

text: point

text: however

text: for

text: everyone

text: seems

text: to

text: agree

text: that

text: if

text: Massachusetts

text: has

text: validly

text: required

text: as

text: a

text: health

text: measure

text: that

text: all

text: contraceptives

text: be

text: dispensed

text: by

text: a

text: physician

text: or

text: pursuant

text: to

text: a

text: physician

text: s

text: prescription

text: then

text: the

text: statutory

text: distinction

text: based

text: on

text: marital

text: status

text: has

text: no

text: bearing

text: on

text: this

text: case

text: United

text: States

text: v

text: Raines

text: U

text: S

text: The

text: opinion

text: of

text: the

text: Court

text: today

text: brushes

text: aside

text: appellee

text: s

text: status

text: as

text: an

text: unlicensed

text: layman

text: by

text: concluding

text: that

text: the

text: Massachusetts

text: Legislature

text: was

text: not

text: really

text: concerned

text: with

text: the

text: protection

text: of

text: health

text: when

text: it

text: passed

text: this

text: statute

text: MR

text: JUSTICE

text: WHITE

text: acknowledges

text: the

text: statutory

text: concern

text: with

text: the

text: protection

text: of

text: health

text: but

text: finds

text: the

text: restriction

text: on

text: distributors

text: overly

text: broad

text: because

text: the

text: State

text: has

text: failed

text: to

text: adduce

text: facts

text: showing

text: the

text: health

text: hazards

text: of

text: the

text: particular

text: substance

text: dispensed

text: by

text: appellee

text: as

text: distinguished

text: from

text: other

text: contraceptives

text: MR

text: JUSTICE

text: DOUGLAS

text: concurring

text: opinion

text: does

text: not

text: directly

text: challenge

text: the

text: power

text: of

text: Massachusetts

text: to

text: prohibit

text: laymen

text: from

text: dispensing

text: contraceptives

text: but

text: considers

text: that

text: appellee

text: rather

text: than

text: dispensing

text: the

text: substance

text: was

text: resorting

text: to

text: a

text: time

text: honored

text: teaching

text: technique

text: by

text: utilizing

text: a

text: visual

text: aid

text: as

text: an

text: adjunct

text: to

text: his

text: protected

text: speech

text: I

text: am

text: puzzled

text: by

text: this

text: third

text: characterization

text: of

text: the

text: case

text: If

text: the

text: suggestion

text: is

text: that

text: appellee

text: was

text: merely

text: displaying

text: the

text: contraceptive

text: material

text: without

text: relinquishing

text: his

text: ownership

text: of

text: it

text: then

text: the

text: argument

text: must

text: be

text: that

text: the

text: prosecution

text: failed

text: to

text: prove

text: that

text: appellee

text: had

text: given

text: away

text: the

text: contraceptive

text: material

text: But

text: appellee

text: does

text: not

text: challenge

text: the

text: sufficiency

text: of

text: the

text: evidence

text: and

text: himself

text: summarizes

text: the

text: record

text: as

text: showing

text: that

text: at

text: the

text: close

text: of

text: his

text: lecture

text: he

text: invited

text: members

text: of

text: the

text: audience

text: to

text: come

text: and

text: help

text: themselves

text: On

text: the

text: other

text: hand

text: if

text: the

text: concurring

text: opinion

text: means

text: that

text: the

text: First

text: Amendment

text: protects

text: the

text: distribution

text: of

text: all

text: articles

text: not

text: dangerous

text: per

text: se

text: when

text: the

text: distribution

text: is

text: coupled

text: with

text: some

text: form

text: of

text: speech

text: then

text: I

text: must

text: confess

text: that

text: I

text: have

text: misread

text: certain

text: cases

text: in

text: the

text: area

text: See

text: e

text: g

text: United

text: States

text: v

text: O

text: Brien

text: U

text: S

text: Cox

text: v

text: Louisiana

text: U

text: S

text: Giboney

text: v

text: Empire

text: Storage

text: Co

text: U

text: S

text: My

text: disagreement

text: with

text: the

text: opinion

text: of

text: the

text: Court

text: and

text: that

text: of

text: MR

text: JUSTICE

text: WHITE

text: goes

text: far

text: beyond

text: mere

text: puzzlement

text: however

text: for

text: these

text: opinions

text: seriously

text: invade

text: the

text: constitutional

text: prerogatives

text: of

text: the

text: States

text: and

text: regrettably

text: hark

text: back

text: to

text: the

text: heyday

text: of

text: substantive

text: due

text: process

text: In

text: affirming

text: appellee

text: s

text: conviction

text: the

text: highest

text: tribunal

text: in

text: Massachusetts

text: held

text: that

text: the

text: statutory

text: requirement

text: that

text: contraceptives

text: be

text: dispensed

text: only

text: through

text: medical

text: channels

text: served

text: the

text: legitimate

text: interest

text: of

text: the

text: State

text: in

text: protecting

text: the

text: health

text: of

text: its

text: citizens

text: The

text: Court

text: today

text: blithely

text: hurdles

text: this

text: authoritative

text: state

text: pronouncement

text: and

text: concludes

text: that

text: the

text: statute

text: has

text: no

text: such

text: purpose

text: Three

text: basic

text: arguments

text: are

text: advanced

text: First

text: since

text: the

text: distribution

text: of

text: contraceptives

text: was

text: prohibited

text: as

text: a

text: moral

text: matter

text: in

text: Massachusetts

text: prior

text: to

text: it

text: is

text: impossible

text: to

text: believe

text: that

text: the

text: legislature

text: was

text: concerned

text: with

text: health

text: when

text: it

text: lifted

text: the

text: complete

text: ban

text: but

text: insisted

text: on

text: medical

text: supervision

text: I

text: fail

text: to

text: see

text: why

text: the

text: historical

text: predominance

text: of

text: an

text: unacceptable

text: legislative

text: purpose

text: makes

text: incredible

text: the

text: emergence

text: of

text: a

text: new

text: and

text: valid

text: one

text: See

text: McGowan

text: v

text: Maryland

text: U

text: S

text: The

text: second

text: argument

text: finding

text: its

text: origin

text: in

text: a

text: dissenting

text: opinion

text: in

text: the

text: Supreme

text: Judicial

text: Court

text: of

text: Massachusetts

text: rejects

text: a

text: health

text: purpose

text: because

text: i

text: f

text: there

text: is

text: need

text: to

text: have

text: a

text: physician

text: prescribe

text: contraceptives

text: that

text: need

text: is

text: as

text: great

text: for

text: unmarried

text: persons

text: as

text: for

text: married

text: persons

text: Mass

text: N

text: E

text: d

text: This

text: argument

text: confuses

text: the

text: validity

text: of

text: the

text: restriction

text: on

text: distributors

text: with

text: the

text: validity

text: of

text: the

text: further

text: restriction

text: on

text: distributees

text: a

text: part

text: of

text: the

text: statute

text: not

text: properly

text: before

text: the

text: Court

text: Assuming

text: the

text: legislature

text: too

text: broadly

text: restricted

text: the

text: class

text: of

text: persons

text: who

text: could

text: obtain

text: contraceptives

text: it

text: hardly

text: follows

text: that

text: it

text: saw

text: no

text: need

text: to

text: protect

text: the

text: health

text: of

text: all

text: persons

text: to

text: whom

text: they

text: are

text: made

text: available

text: Third

text: the

text: Court

text: sees

text: no

text: health

text: purpose

text: underlying

text: the

text: restriction

text: on

text: distributors

text: because

text: other

text: state

text: and

text: federal

text: laws

text: regulate

text: the

text: distribution

text: of

text: harmful

text: drugs

text: I

text: know

text: of

text: no

text: rule

text: that

text: all

text: enactments

text: relating

text: to

text: a

text: particular

text: purpose

text: must

text: be

text: neatly

text: consolidated

text: in

text: one

text: package

text: in

text: the

text: statute

text: books

text: for

text: if

text: so

text: the

text: United

text: States

text: Code

text: will

text: not

text: pass

text: muster

text: I

text: am

text: unable

text: to

text: draw

text: any

text: inference

text: as

text: to

text: legislative

text: purpose

text: from

text: the

text: fact

text: that

text: the

text: restriction

text: on

text: dispensing

text: contraceptives

text: was

text: not

text: codified

text: with

text: other

text: statutory

text: provisions

text: regulating

text: the

text: distribution

text: of

text: medicinal

text: substances

text: And

text: the

text: existence

text: of

text: nonconflicting

text: nonpre

text: emptive

text: federal

text: laws

text: is

text: simply

text: without

text: significance

text: in

text: judging

text: the

text: validity

text: or

text: purpose

text: of

text: a

text: state

text: law

text: on

text: the

text: same

text: subject

text: matter

text: It

text: is

text: possible

text: of

text: course

text: that

text: some

text: members

text: of

text: the

text: Massachusetts

text: Legislature

text: desired

text: contraceptives

text: to

text: be

text: dispensed

text: only

text: through

text: medical

text: channels

text: in

text: order

text: to

text: minimize

text: their

text: use

text: rather

text: than

text: to

text: protect

text: the

text: health

text: of

text: their

text: users

text: but

text: I

text: do

text: not

text: think

text: it

text: is

text: the

text: proper

text: function

text: of

text: this

text: Court

text: to

text: dismiss

text: as

text: dubious

text: a

text: state

text: court

text: s

text: explication

text: of

text: a

text: state

text: statute

text: absent

text: overwhelming

text: and

text: irrefutable

text: reasons

text: for

text: doing

text: so

text: MR

text: JUSTICE

text: WHITE

text: while

text: acknowledging

text: a

text: valid

text: legislative

text: purpose

text: of

text: protecting

text: health

text: concludes

text: that

text: the

text: State

text: lacks

text: power

text: to

text: regulate

text: the

text: distribution

text: of

text: the

text: contraceptive

text: involved

text: in

text: this

text: case

text: as

text: a

text: means

text: of

text: protecting

text: health

text: The

text: opinion

text: grants

text: that

text: appellee

text: s

text: conviction

text: would

text: be

text: valid

text: if

text: he

text: had

text: given

text: away

text: a

text: potentially

text: harmful

text: substance

text: but

text: rejects

text: the

text: State

text: s

text: placing

text: this

text: particular

text: contraceptive

text: in

text: that

text: category

text: So

text: far

text: as

text: I

text: am

text: aware

text: this

text: Court

text: has

text: never

text: before

text: challenged

text: the

text: police

text: power

text: of

text: a

text: State

text: to

text: protect

text: the

text: public

text: from

text: the

text: risks

text: of

text: possibly

text: spurious

text: and

text: deleterious

text: substances

text: sold

text: within

text: its

text: borders

text: Moreover

text: a

text: statutory

text: classification

text: is

text: not

text: invalid

text: simply

text: because

text: some

text: innocent

text: articles

text: or

text: transactions

text: may

text: be

text: found

text: within

text: the

text: proscribed

text: class

text: The

text: inquiry

text: must

text: be

text: whether

text: considering

text: the

text: end

text: in

text: view

text: the

text: statute

text: passes

text: the

text: bounds

text: of

text: reason

text: and

text: assumes

text: the

text: character

text: of

text: a

text: merely

text: arbitrary

text: fiat

text: Purity

text: Extract

text: Tonic

text: Co

text: v

text: Lynch

text: U

text: S

text: But

text: since

text: the

text: Massachusetts

text: statute

text: seeks

text: to

text: protect

text: health

text: by

text: regulating

text: contraceptives

text: the

text: opinion

text: invokes

text: Griswold

text: v

text: Connecticut

text: U

text: S

text: and

text: puts

text: the

text: statutory

text: classification

text: to

text: an

text: unprecedented

text: test

text: either

text: the

text: record

text: must

text: contain

text: evidence

text: supporting

text: the

text: classification

text: or

text: the

text: health

text: hazards

text: of

text: the

text: particular

text: contraceptive

text: must

text: be

text: judicially

text: noticeable

text: This

text: is

text: indeed

text: a

text: novel

text: constitutional

text: doctrine

text: and

text: not

text: surprisingly

text: no

text: authority

text: is

text: cited

text: for

text: it

text: Since

text: the

text: potential

text: harmfulness

text: of

text: this

text: particular

text: medicinal

text: substance

text: has

text: never

text: been

text: placed

text: in

text: issue

text: in

text: the

text: state

text: or

text: federal

text: courts

text: the

text: State

text: can

text: hardly

text: be

text: faulted

text: for

text: its

text: failure

text: to

text: build

text: a

text: record

text: on

text: this

text: point

text: And

text: it

text: totally

text: mystifies

text: me

text: why

text: in

text: the

text: absence

text: of

text: some

text: evidence

text: in

text: the

text: record

text: the

text: factual

text: underpinnings

text: of

text: the

text: statutory

text: classification

text: must

text: be

text: incontrovertible

text: or

text: a

text: matter

text: of

text: common

text: knowledge

text: The

text: actual

text: hazards

text: of

text: introducing

text: a

text: particular

text: foreign

text: substance

text: into

text: the

text: human

text: body

text: are

text: frequently

text: controverted

text: and

text: I

text: cannot

text: believe

text: that

text: unanimity

text: of

text: expert

text: opinion

text: is

text: a

text: prerequisite

text: to

text: a

text: State

text: s

text: exercise

text: of

text: its

text: police

text: power

text: no

text: matter

text: what

text: the

text: subject

text: matter

text: of

text: the

text: regulation

text: Even

text: assuming

text: no

text: present

text: dispute

text: among

text: medical

text: authorities

text: we

text: cannot

text: ignore

text: that

text: it

text: has

text: become

text: commonplace

text: for

text: a

text: drug

text: or

text: food

text: additive

text: to

text: be

text: universally

text: regarded

text: as

text: harmless

text: on

text: one

text: day

text: and

text: to

text: be

text: condemned

text: as

text: perilous

text: on

text: the

text: next

text: It

text: is

text: inappropriate

text: for

text: this

text: Court

text: to

text: overrule

text: a

text: legislative

text: classification

text: by

text: relying

text: on

text: the

text: present

text: consensus

text: among

text: leading

text: authorities

text: The

text: commands

text: of

text: the

text: Constitution

text: cannot

text: fluctuate

text: with

text: the

text: shifting

text: tides

text: of

text: scientific

text: opinion

text: Even

text: if

text: it

text: were

text: conclusively

text: established

text: once

text: and

text: for

text: all

text: that

text: the

text: product

text: dispensed

text: by

text: appellee

text: is

text: not

text: actually

text: or

text: potentially

text: dangerous

text: in

text: the

text: somatic

text: sense

text: I

text: would

text: still

text: be

text: unable

text: to

text: agree

text: that

text: the

text: restriction

text: on

text: dispensing

text: it

text: falls

text: outside

text: the

text: State

text: s

text: power

text: to

text: regulate

text: in

text: the

text: area

text: of

text: health

text: The

text: choice

text: of

text: a

text: means

text: of

text: birth

text: control

text: although

text: a

text: highly

text: personal

text: matter

text: is

text: also

text: a

text: health

text: matter

text: in

text: a

text: very

text: real

text: sense

text: and

text: I

text: see

text: nothing

text: arbitrary

text: in

text: a

text: requirement

text: of

text: medical

text: supervision

text: It

text: is

text: generally

text: acknowledged

text: that

text: contraceptives

text: vary

text: in

text: degree

text: of

text: effectiveness

text: and

text: potential

text: harmfulness

text: There

text: may

text: be

text: compelling

text: health

text: reasons

text: for

text: certain

text: women

text: to

text: choose

text: the

text: most

text: effective

text: means

text: of

text: birth

text: control

text: available

text: no

text: matter

text: how

text: harmless

text: the

text: less

text: effective

text: alternatives

text: Others

text: might

text: be

text: advised

text: not

text: to

text: use

text: a

text: highly

text: effective

text: means

text: of

text: contraception

text: because

text: of

text: their

text: peculiar

text: susceptibility

text: to

text: an

text: adverse

text: side

text: effect

text: Moreover

text: there

text: may

text: be

text: information

text: known

text: to

text: the

text: medical

text: profession

text: that

text: a

text: particular

text: brand

text: of

text: contraceptive

text: is

text: to

text: be

text: preferred

text: or

text: avoided

text: or

text: that

text: it

text: has

text: not

text: been

text: adequately

text: tested

text: Nonetheless

text: the

text: concurring

text: opinion

text: would

text: hold

text: as

text: a

text: constitutional

text: matter

text: that

text: a

text: State

text: must

text: allow

text: someone

text: without

text: medical

text: training

text: the

text: same

text: power

text: to

text: distribute

text: this

text: medicinal

text: substance

text: as

text: is

text: enjoyed

text: by

text: a

text: physician

text: It

text: is

text: revealing

text: I

text: think

text: that

text: those

text: portions

text: of

text: the

text: majority

text: and

text: concurring

text: opinions

text: rejecting

text: the

text: statutory

text: limitation

text: on

text: distributors

text: rely

text: on

text: no

text: particular

text: provision

text: of

text: the

text: Constitution

text: I

text: see

text: nothing

text: in

text: the

text: Fourteenth

text: Amendment

text: or

text: any

text: other

text: part

text: of

text: the

text: Constitution

text: that

text: even

text: vaguely

text: suggests

text: that

text: these

text: medicinal

text: forms

text: of

text: contraceptives

text: must

text: be

text: available

text: in

text: the

text: open

text: market

text: I

text: do

text: not

text: challenge

text: Griswold

text: v

text: Connecticut

text: supra

text: despite

text: its

text: tenuous

text: moorings

text: to

text: the

text: text

text: of

text: the

text: Constitution

text: but

text: I

text: cannot

text: view

text: it

text: as

text: controlling

text: authority

text: for

text: this

text: case

text: The

text: Court

text: was

text: there

text: confronted

text: with

text: a

text: statute

text: flatly

text: prohibiting

text: the

text: use

text: of

text: contraceptives

text: not

text: one

text: regulating

text: their

text: distribution

text: I

text: simply

text: cannot

text: believe

text: that

text: the

text: limitation

text: on

text: the

text: class

text: of

text: lawful

text: distributors

text: has

text: significantly

text: impaired

text: the

text: right

text: to

text: use

text: contraceptives

text: in

text: Massachusetts

text: By

text: relying

text: on

text: Griswold

text: in

text: the

text: present

text: context

text: the

text: Court

text: has

text: passed

text: beyond

text: the

text: penumbras

text: of

text: the

text: specific

text: guarantees

text: into

text: the

text: uncircumscribed

text: area

text: of

text: personal

text: predilections

text: The

text: need

text: for

text: dissemination

text: of

text: information

text: on

text: birth

text: control

text: is

text: not

text: impinged

text: in

text: the

text: slightest

text: by

text: limiting

text: the

text: distribution

text: of

text: medicinal

text: substances

text: to

text: medical

text: and

text: pharmaceutical

text: channels

text: as

text: Massachusetts

text: has

text: done

text: by

text: statute

text: The

text: appellee

text: has

text: succeeded

text: it

text: seems

text: in

text: cloaking

text: his

text: activities

text: in

text: some

text: new

text: permutation

text: of

text: the

text: First

text: Amendment

text: although

text: his

text: conviction

text: rests

text: in

text: fact

text: and

text: law

text: on

text: dispensing

text: a

text: medicinal

text: substance

text: without

text: a

text: license

text: I

text: am

text: constrained

text: to

text: suggest

text: that

text: if

text: the

text: Constitution

text: can

text: be

text: strained

text: to

text: invalidate

text: the

text: Massachusetts

text: statute

text: underlying

text: appellee

text: s

text: conviction

text: we

text: could

text: quite

text: as

text: well

text: employ

text: it

text: for

text: the

text: protection

text: of

text: a

text: curbstone

text: quack

text: reminiscent

text: of

text: the

text: medicine

text: man

text: of

text: times

text: past

text: who

text: attracted

text: a

text: crowd

text: of

text: the

text: curious

text: with

text: a

text: soapbox

text: lecture

text: and

text: then

text: plied

text: them

text: with

text: free

text: samples

text: of

text: some

text: unproved

text: remedy

text: Massachusetts

text: presumably

text: outlawed

text: such

text: activities

text: long

text: ago

text: but

text: today

text: s

text: holding

text: seems

text: to

text: invite

text: their

text: return

text: NOTES

text: The

text: Court

text: of

text: Appeals

text: below

text: described

text: the

text: recipient

text: of

text: the

text: foam

text: as

text: an

text: unmarried

text: adult

text: woman

text: F

text: d

text: However

text: there

text: is

text: no

text: evidence

text: in

text: the

text: record

text: about

text: her

text: marital

text: status

text: Section

text: provides

text: in

text: full

text: Except

text: as

text: provided

text: in

text: section

text: twenty

text: one

text: A

text: whoever

text: sells

text: lends

text: gives

text: away

text: exhibits

text: or

text: offers

text: to

text: sell

text: lend

text: or

text: give

text: away

text: an

text: instrument

text: or

text: other

text: article

text: intended

text: to

text: be

text: used

text: for

text: self

text: abuse

text: or

text: any

text: drug

text: medicine

text: instrument

text: or

text: article

text: whatever

text: for

text: the

text: prevention

text: of

text: conception

text: or

text: for

text: causing

text: unlawful

text: abortion

text: or

text: advertises

text: the

text: same

text: or

text: writes

text: prints

text: or

text: causes

text: to

text: be

text: written

text: or

text: printed

text: a

text: card

text: circular

text: book

text: pamphlet

text: advertisement

text: or

text: notice

text: of

text: any

text: kind

text: stating

text: when

text: where

text: how

text: of

text: whom

text: or

text: by

text: what

text: means

text: such

text: article

text: can

text: be

text: purchased

text: or

text: obtained

text: or

text: manufactures

text: or

text: makes

text: any

text: such

text: article

text: shall

text: be

text: punished

text: by

text: imprisonment

text: in

text: the

text: state

text: prison

text: for

text: not

text: more

text: than

text: five

text: years

text: or

text: in

text: jail

text: or

text: the

text: house

text: of

text: correction

text: for

text: not

text: more

text: than

text: two

text: and

text: one

text: half

text: years

text: or

text: by

text: a

text: fine

text: of

text: not

text: less

text: than

text: one

text: hundred

text: nor

text: more

text: than

text: one

text: thousand

text: dollars

text: Section

text: A

text: provides

text: in

text: full

text: A

text: registered

text: physician

text: may

text: administer

text: to

text: or

text: prescribe

text: for

text: any

text: married

text: person

text: drugs

text: or

text: articles

text: intended

text: for

text: the

text: prevention

text: of

text: pregnancy

text: or

text: conception

text: A

text: registered

text: pharmacist

text: actually

text: engaged

text: in

text: the

text: business

text: of

text: pharmacy

text: may

text: furnish

text: such

text: drugs

text: or

text: articles

text: to

text: any

text: married

text: person

text: presenting

text: a

text: prescription

text: from

text: a

text: registered

text: physician

text: A

text: public

text: health

text: agency

text: a

text: registered

text: nurse

text: or

text: a

text: maternity

text: health

text: clinic

text: operated

text: by

text: or

text: in

text: an

text: accredited

text: hospital

text: may

text: furnish

text: information

text: to

text: any

text: married

text: person

text: as

text: to

text: where

text: professional

text: advice

text: regarding

text: such

text: drugs

text: or

text: articles

text: may

text: be

text: lawfully

text: obtained

text: This

text: section

text: shall

text: not

text: be

text: construed

text: as

text: affecting

text: the

text: provisions

text: of

text: sections

text: twenty

text: and

text: twenty

text: one

text: relative

text: to

text: prohibition

text: of

text: advertising

text: of

text: drugs

text: or

text: articles

text: intended

text: for

text: the

text: prevention

text: of

text: pregnancy

text: or

text: conception

text: nor

text: shall

text: this

text: section

text: be

text: construed

text: so

text: as

text: to

text: permit

text: the

text: sale

text: or

text: dispensing

text: of

text: such

text: drugs

text: or

text: articles

text: by

text: means

text: of

text: any

text: vending

text: machine

text: or

text: similar

text: device

text: Appellant

text: suggests

text: that

text: the

text: purpose

text: of

text: the

text: Massachusetts

text: statute

text: is

text: to

text: promote

text: marital

text: fidelity

text: as

text: well

text: as

text: to

text: discourage

text: premarital

text: sex

text: Under

text: A

text: however

text: contraceptives

text: may

text: be

text: made

text: available

text: to

text: married

text: persons

text: without

text: regard

text: to

text: whether

text: they

text: are

text: living

text: with

text: their

text: spouses

text: or

text: the

text: uses

text: to

text: which

text: the

text: contraceptives

text: are

text: to

text: be

text: put

text: Plainly

text: the

text: legislation

text: has

text: no

text: deterrent

text: effect

text: on

text: extramarital

text: sexual

text: relations

text: This

text: factor

text: decisively

text: distinguishes

text: Tileston

text: v

text: Ullman

text: U

text: S

text: where

text: the

text: Court

text: held

text: that

text: a

text: physician

text: lacked

text: standing

text: to

text: bring

text: an

text: action

text: for

text: declaratory

text: relief

text: to

text: challenge

text: on

text: behalf

text: of

text: his

text: patients

text: the

text: Connecticut

text: law

text: prohibiting

text: the

text: use

text: of

text: contraceptives

text: The

text: patients

text: were

text: fully

text: able

text: to

text: bring

text: their

text: own

text: action

text: Underlying

text: the

text: decision

text: was

text: the

text: concern

text: that

text: the

text: standards

text: of

text: case

text: or

text: controversy

text: in

text: Article

text: III

text: of

text: the

text: Constitution

text: not

text: become

text: blurred

text: Griswold

text: v

text: Connecticut

text: U

text: S

text: a

text: problem

text: that

text: is

text: not

text: at

text: all

text: involved

text: in

text: this

text: case

text: Indeed

text: in

text: First

text: Amendment

text: cases

text: we

text: have

text: relaxed

text: our

text: rules

text: of

text: standing

text: without

text: regard

text: to

text: the

text: relationship

text: between

text: the

text: litigant

text: and

text: those

text: whose

text: rights

text: he

text: seeks

text: to

text: assert

text: precisely

text: because

text: application

text: of

text: those

text: rules

text: would

text: have

text: an

text: intolerable

text: inhibitory

text: effect

text: on

text: freedom

text: of

text: speech

text: E

text: g

text: Thornhill

text: v

text: Alabama

text: U

text: S

text: See

text: United

text: States

text: v

text: Raines

text: U

text: S

text: See

text: also

text: Prince

text: v

text: Massachusetts

text: U

text: S

text: where

text: a

text: custodian

text: in

text: violation

text: of

text: state

text: law

text: furnished

text: a

text: child

text: with

text: magazines

text: to

text: distribute

text: on

text: the

text: streets

text: The

text: Court

text: there

text: implicitly

text: held

text: that

text: the

text: custodian

text: had

text: standing

text: to

text: assert

text: alleged

text: freedom

text: of

text: religion

text: and

text: equal

text: protection

text: rights

text: of

text: the

text: child

text: that

text: were

text: threatened

text: in

text: the

text: very

text: litigation

text: before

text: the

text: Court

text: and

text: that

text: the

text: child

text: had

text: no

text: effective

text: way

text: of

text: asserting

text: herself

text: Of

text: course

text: if

text: we

text: were

text: to

text: conclude

text: that

text: the

text: Massachusetts

text: statute

text: impinges

text: upon

text: fundamental

text: freedoms

text: under

text: Griswold

text: the

text: statutory

text: classification

text: would

text: have

text: to

text: be

text: not

text: merely

text: rationally

text: related

text: to

text: a

text: valid

text: public

text: purpose

text: but

text: necessary

text: to

text: the

text: achievement

text: of

text: a

text: compelling

text: state

text: interest

text: E

text: g

text: Shapiro

text: v

text: Thompson

text: U

text: S

text: Loving

text: v

text: Virginia

text: U

text: S

text: But

text: just

text: as

text: in

text: Reed

text: v

text: Reed

text: U

text: S

text: we

text: do

text: not

text: have

text: to

text: address

text: the

text: statute

text: s

text: validity

text: under

text: that

text: test

text: because

text: the

text: law

text: fails

text: to

text: satisfy

text: even

text: the

text: more

text: lenient

text: equal

text: protection

text: standard

text: Appellant

text: insists

text: that

text: the

text: unmarried

text: have

text: no

text: right

text: to

text: engage

text: in

text: sexual

text: intercourse

text: and

text: hence

text: no

text: health

text: interest

text: in

text: contraception

text: that

text: needs

text: to

text: be

text: served

text: The

text: short

text: answer

text: to

text: this

text: contention

text: is

text: that

text: the

text: same

text: devices

text: the

text: distribution

text: of

text: which

text: the

text: State

text: purports

text: to

text: regulate

text: when

text: their

text: asserted

text: purpose

text: is

text: to

text: forestall

text: pregnancy

text: are

text: available

text: without

text: any

text: controls

text: whatsoever

text: so

text: long

text: as

text: their

text: asserted

text: purpose

text: is

text: to

text: prevent

text: the

text: spread

text: of

text: disease

text: It

text: is

text: inconceivable

text: that

text: the

text: need

text: for

text: health

text: controls

text: varies

text: with

text: the

text: purpose

text: for

text: which

text: the

text: contraceptive

text: is

text: to

text: be

text: used

text: when

text: the

text: physical

text: act

text: in

text: all

text: cases

text: is

text: one

text: and

text: the

text: same

text: The

text: Court

text: of

text: Appeals

text: stated

text: F

text: d

text: at

text: W

text: e

text: must

text: take

text: notice

text: that

text: not

text: all

text: contraceptive

text: devices

text: risk

text: undesirable

text: or

text: dangerous

text: physical

text: consequences

text: It

text: is

text: years

text: since

text: Casanova

text: recorded

text: the

text: ubiquitous

text: article

text: which

text: perhaps

text: because

text: of

text: the

text: birthplace

text: of

text: its

text: inventor

text: he

text: termed

text: a

text: redingote

text: anglais

text: The

text: reputed

text: nationality

text: of

text: the

text: condom

text: has

text: now

text: changed

text: but

text: we

text: have

text: never

text: heard

text: criticism

text: of

text: it

text: on

text: the

text: side

text: of

text: health

text: We

text: cannot

text: think

text: that

text: the

text: legislature

text: was

text: unaware

text: of

text: it

text: or

text: could

text: have

text: thought

text: that

text: it

text: needed

text: a

text: medical

text: prescription

text: We

text: believe

text: the

text: same

text: could

text: be

text: said

text: of

text: certain

text: other

text: products

text: In

text: Stanley

text: U

text: S

text: at

text: the

text: Court

text: stated

text: A

text: lso

text: fundamental

text: is

text: the

text: right

text: to

text: be

text: free

text: except

text: in

text: very

text: limited

text: circumstances

text: from

text: unwanted

text: governmental

text: intrusions

text: into

text: one

text: s

text: privacy

text: The

text: makers

text: of

text: our

text: Constitution

text: undertook

text: to

text: secure

text: conditions

text: favorable

text: to

text: the

text: pursuit

text: of

text: happiness

text: They

text: recognized

text: the

text: significance

text: of

text: man

text: s

text: spiritual

text: nature

text: of

text: his

text: feelings

text: and

text: of

text: his

text: intellect

text: They

text: knew

text: that

text: only

text: a

text: part

text: of

text: the

text: pain

text: pleasure

text: and

text: satisfactions

text: of

text: life

text: are

text: to

text: be

text: found

text: in

text: material

text: things

text: They

text: sought

text: to

text: protect

text: Americans

text: in

text: their

text: beliefs

text: their

text: thoughts

text: their

text: emotions

text: and

text: their

text: sensations

text: They

text: conferred

text: as

text: against

text: the

text: Government

text: the

text: right

text: to

text: be

text: let

text: alone

text: the

text: most

text: comprehensive

text: of

text: rights

text: and

text: the

text: right

text: most

text: valued

text: by

text: civilized

text: man

text: Olmstead

text: v

text: United

text: States

text: U

text: S

text: Brandeis

text: J

text: dissenting

text: See

text: Griswold

text: v

text: Connecticut

text: supra

text: cf

text: NAACP

text: v

text: Alabama

text: U

text: S

text: I

text: have

text: earlier

text: expressed

text: my

text: reasons

text: for

text: believing

text: that

text: the

text: O

text: Brien

text: decision

text: was

text: not

text: consistent

text: with

text: First

text: Amendment

text: rights

text: See

text: Brandenburg

text: v

text: Ohio

text: U

text: S

text: concurring

text: opinion

text: In

text: Giboney

text: v

text: Empire

text: Storage

text: Co

text: U

text: S

text: the

text: Court

text: upheld

text: a

text: state

text: court

text: injunction

text: against

text: peaceful

text: picketing

text: carried

text: on

text: in

text: violation

text: of

text: a

text: state

text: anti

text: restraint

text: of

text: trade

text: law

text: Giboney

text: however

text: is

text: easily

text: distinguished

text: from

text: the

text: present

text: case

text: Under

text: the

text: circumstances

text: there

text: present

text: There

text: was

text: clear

text: danger

text: imminent

text: and

text: immediate

text: that

text: unless

text: restrained

text: appellants

text: would

text: succeed

text: in

text: making

text: state

text: antitrust

text: policy

text: a

text: dead

text: letter

text: They

text: were

text: exercising

text: their

text: economic

text: power

text: together

text: with

text: that

text: of

text: their

text: allies

text: to

text: compel

text: Empire

text: to

text: abide

text: by

text: union

text: rather

text: than

text: by

text: state

text: regulation

text: of

text: trade

text: Id

text: at

text: footnote

text: omitted

text: emphasis

text: supplied

text: There

text: is

text: no

text: such

text: coercion

text: in

text: the

text: instant

text: case

text: nor

text: is

text: there

text: a

text: similar

text: frustration

text: of

text: state

text: policy

text: see

text: text

text: at

text: n

text: infra

text: For

text: an

text: analysis

text: of

text: the

text: state

text: policies

text: underlying

text: the

text: Massachusetts

text: statute

text: which

text: Baird

text: was

text: convicted

text: of

text: having

text: violated

text: see

text: Dienes

text: The

text: Progeny

text: of

text: Comstockery

text: Birth

text: Control

text: Laws

text: Return

text: to

text: Court

text: Am

text: U

text: L

text: Rev

text: Even

text: under

text: the

text: restrictive

text: meaning

text: which

text: the

text: Court

text: has

text: given

text: the

text: First

text: Amendment

text: as

text: applied

text: to

text: the

text: States

text: by

text: the

text: Fourteenth

text: advocacy

text: of

text: law

text: violation

text: is

text: permissible

text: except

text: where

text: such

text: advocacy

text: is

text: directed

text: to

text: inciting

text: or

text: producing

text: imminent

text: lawless

text: action

text: and

text: is

text: likely

text: to

text: incite

text: or

text: produce

text: such

text: action

text: Brandenburg

text: v

text: Ohio

text: supra

text: n

text: at

text: This

text: factor

text: alone

text: would

text: seem

text: to

text: distinguish

text: O

text: Brien

text: supra

text: as

text: that

text: case

text: turned

text: on

text: the

text: Court

text: s

text: judgment

text: that

text: O

text: Brien

text: s

text: conduct

text: frustrated

text: a

text: substantial

text: governmental

text: interest

text: For

text: a

text: partial

text: collection

text: of

text: cases

text: involving

text: action

text: that

text: comes

text: under

text: First

text: Amendment

text: protection

text: see

text: Brandenburg

text: v

text: Ohio

text: supra

text: n

text: at

text: concurring

text: opinion

text: Section

text: provides

text: as

text: follows

text: Except

text: as

text: provided

text: in

text: section

text: twenty

text: one

text: A

text: whoever

text: sells

text: lends

text: gives

text: away

text: exhibits

text: or

text: offers

text: to

text: sell

text: lend

text: or

text: give

text: away

text: an

text: instrument

text: or

text: other

text: article

text: intended

text: to

text: be

text: used

text: for

text: self

text: abuse

text: or

text: any

text: drug

text: medicine

text: instrument

text: or

text: article

text: whatever

text: for

text: the

text: prevention

text: of

text: conception

text: or

text: for

text: causing

text: unlawful

text: abortion

text: or

text: advertises

text: the

text: same

text: or

text: writes

text: prints

text: or

text: causes

text: to

text: be

text: written

text: or

text: printed

text: a

text: card

text: circular

text: book

text: pamphlet

text: advertisement

text: or

text: notice

text: of

text: any

text: kind

text: stating

text: when

text: where

text: how

text: of

text: whom

text: or

text: by

text: what

text: means

text: such

text: article

text: can

text: be

text: purchased

text: or

text: obtained

text: or

text: manufactures

text: or

text: makes

text: any

text: such

text: article

text: shall

text: be

text: punished

text: by

text: imprisonment

text: in

text: the

text: state

text: prison

text: for

text: not

text: more

text: than

text: five

text: years

text: or

text: in

text: jail

text: or

text: the

text: house

text: of

text: correction

text: for

text: not

text: more

text: than

text: two

text: and

text: one

text: half

text: years

text: or

text: by

text: a

text: fine

text: of

text: not

text: less

text: than

text: one

text: hundred

text: nor

text: more

text: than

text: one

text: thousand

text: dollars

text: Section

text: A

text: makes

text: these

text: exceptions

text: A

text: registered

text: physician

text: may

text: administer

text: to

text: or

text: prescribe

text: for

text: any

text: married

text: person

text: drugs

text: or

text: articles

text: intended

text: for

text: the

text: prevention

text: of

text: pregnancy

text: or

text: conception

text: A

text: registered

text: pharmacist

text: actually

text: engaged

text: in

text: the

text: business

text: of

text: pharmacy

text: may

text: furnish

text: such

text: drugs

text: or

text: articles

text: to

text: any

text: married

text: person

text: presenting

text: a

text: prescription

text: from

text: a

text: registered

text: physician

text: A

text: public

text: health

text: agency

text: a

text: registered

text: nurse

text: or

text: a

text: maternity

text: health

text: clinic

text: operated

text: by

text: or

text: in

text: an

text: accredited

text: hospital

text: may

text: furnish

text: information

text: to

text: any

text: married

text: person

text: as

text: to

text: where

text: professional

text: advice

text: regarding

text: such

text: drugs

text: or

text: articles

text: may

text: be

text: lawfully

text: obtained

text: This

text: section

text: shall

text: not

text: be

text: construed

text: as

text: affecting

text: the

text: provisions

text: of

text: sections

text: twenty

text: and

text: twenty

text: one

text: relative

text: to

text: prohibition

text: of

text: advertising

text: of

text: drugs

text: or

text: articles

text: intended

text: for

text: the

text: prevention

text: of

text: pregnancy

text: or

text: conception

text: nor

text: shall

text: this

text: section

text: be

text: construed

text: so

text: as

text: to

text: permit

text: the

text: sale

text: or

text: dispensing

text: of

text: such

text: drugs

text: or

text: articles

text: by

text: means

text: of

text: any

text: vending

text: machine

text: or

text: similar

text: device

text: The

text: indictment

text: states

text: The

text: Jurors

text: for

text: the

text: Commonwealth

text: of

text: Massachusetts

text: on

text: their

text: oath

text: present

text: that

text: William

text: R

text: Baird

text: on

text: the

text: sixth

text: day

text: of

text: April

text: in

text: the

text: year

text: of

text: our

text: Lord

text: one

text: thousand

text: nine

text: hundred

text: and

text: sixty

text: seven

text: did

text: unlawfully

text: give

text: away

text: a

text: certain

text: medicine

text: and

text: article

text: for

text: the

text: prevention

text: of

text: conception

text: to

text: wit

text: Emko

text: Vaginal

text: Foam

text: the

text: giving

text: away

text: of

text: the

text: said

text: medicine

text: and

text: article

text: by

text: the

text: said

text: William

text: R

text: Baird

text: not

text: being

text: in

text: accordance

text: with

text: or

text: authorized

text: or

text: permitted

text: by

text: the

text: provisions

text: of

text: Section

text: A

text: of

text: Chapter

text: of

text: the

text: General

text: Laws

text: of

text: the

text: said

text: Commonwealth

text: Had

text: A

text: authorized

text: registered

text: physicians

text: to

text: administer

text: or

text: prescribe

text: contraceptives

text: for

text: unmarried

text: as

text: well

text: as

text: for

text: married

text: persons

text: the

text: legal

text: position

text: of

text: the

text: petitioner

text: would

text: not

text: have

text: been

text: in

text: any

text: way

text: altered

text: Not

text: being

text: a

text: physician

text: he

text: would

text: still

text: have

text: been

text: prohibited

text: by

text: from

text: giving

text: away

text: the

text: contraceptive

text: F

text: Supp

text: Mass

text: The

text: Food

text: and

text: Drug

text: Administration

text: has

text: made

text: a

text: finding

text: that

text: birth

text: control

text: pills

text: pose

text: possible

text: hazards

text: to

text: health

text: It

text: therefore

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text: Manual

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text: Family

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text: Contraceptive

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text: Calderone

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text: Kleinman

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text: Population

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text: American

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text: American

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text: pt

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text: Mar

text: Manual

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text: supra

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text: Jaffe

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text: the

text: Reduction

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text: Unwanted

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text: G

text: Hardin

text: Birth

text: Control

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text: Havemann

text: Birth

text: Control

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text: contraceptive

text: substance

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text: vaginal

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text: Tietze

text: Comparative

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text: Contraceptive

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text: birth

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