Cold Open

It’s October 26th, 1916, at a birth control clinic in Brownsville, New York.

38-year-old Margaret Sanger reaches out for a crying baby, lifting the child from its exhausted mother. She rocks the newborn gently while the woman dabs at her eyes with a tissue.

Still cradling the baby, Margaret begins a speech she's made hundreds of times before.

This young mother is typical of the people who come to the Brownsville Clinic. In this part of New York, poverty is widespread. Families live on meager incomes. Mothers struggle to feed and clothe the children they already have—and many fear how they’ll survive if one more comes along. But in early-20th-century America, even mentioning birth control is enough to get a person in trouble. That doesn’t deter Margaret. She thinks she can offer women a lifeline.

With the baby soothed, Margaret rises and removes a leaflet from a desk drawer. She hands it to the mother, along with her baby. The mother offers a grateful smile.

But the mood is punctured by a rapid pounding on the door to the waiting room. The young mother looks up, startled. But Margaret reacts instantly.

She moves across the room, opens a door to the side alley, and ushers the mother and baby out. Then, she closes the door behind them.

She smooths down her dress, steadies herself, and steps into the waiting room. There, she comes face-to-face with four police officers. One pulls a set of handcuffs from his pocket—and tells Margaret she’s under arrest.

Margaret Sanger is detained for distributing “lewd and lascivious materials.” It’s not the first time she’s been arrested on those charges. But despite the threat of jail hanging over her, she will refuse to close her clinic or plead guilty to violating obscenity laws. Instead, she will stand up for what she believes in—and face down her accusers in court on January 29th, 1917.

Introduction

From Noiser and Airship, I’m Lindsay Graham, and this is History Daily.

History is made every day. On this podcast—every day—we tell the true stories of the people and events that shaped our world.

Today is January 29th, 1917: Birth Control Activist Margaret Sanger Stands Trial. 

Act One: Conception

It’s late October 1914, at the port of Montreal in Canada, three years before Margaret Sanger’s arrest.

35-year-old Margaret nervously checks over her shoulder, wishing that the line in front of her would move a little faster. Ahead, a steamship billows smoke into the air as its crew prepares for departure. All that’s left is for the passengers to board—but to Margaret, the process seems to be taking forever.

She has good reason to be impatient—there’s a warrant out for her arrest. Her life’s work has made her a wanted woman.

Eighteen years ago, when Margaret was 17, her mother died of tuberculosis. It was the end of a hard life. Margaret was one of eleven children, and her mother had seven other pregnancies that didn’t reach full term. And Margaret became convinced that raising such a large family had cut short her mother’s life.

The loss had a profound effect on Margaret’s future. She devoted herself to prenatal nursing and soon discovered a stark divide over access to birth control. Through their private doctors, the wealthy could limit the number of children they had. But birth control was not available to poorer women. That led many of them to have more children than they wanted, or forced them into traumatic back-alley abortions that often caused lasting injuries and even death.

Determined to close this gap between rich and poor, Margaret wrote pamphlets and a newsletter on birth control in her spare time and mailed them out across the country. But in doing so, she became a target for “morality crusaders”—and especially, the New York Society for the Suppression of Vice. More than 40 years earlier, they had successfully petitioned Congress to pass the Comstock Act—a federal law that prohibited the distribution of obscene material through the mail.

And in 1914, Margaret was arrested for breaking this law. It left her with a difficult choice to make—either stay in the United States and face trial, or flee the country and leave her husband and three children behind. After much soul-searching, she chose to flee and slipped over the border into Canada.

But Margaret won’t feel safe until she’s off North American soil entirely. So as the boarding line inches forward, she picks up her heavy case and pulls her papers out of her pocket. At last, she reaches the front of the line and hands her ticket to the port officer. He asks for ID. Margaret hands over a card with a false name. But thankfully, the forgery is a good one, and the ship’s agent barely glances at it as he waves her on board. Still, Margaret’s hands shake as she pockets the card, and she fights the urge to sprint up the gangway and into her cabin.

Soon after, the steamship casts off from its mooring and sails into the Atlantic. As Canada disappears from view, Margaret wonders what new life awaits her on the other side of the ocean.

But as she heads into exile, one thing brings her comfort. She’s received dozens of letters of support from other campaigners all around the world, and when Margaret arrives in England, some of those supporters are there to greet her. They find her a place to stay and arrange for her to meet with like-minded activists. When she does, she’s amazed at how progressive Britain seems compared to home. Women here have more rights, better knowledge of birth control, and greater access to contraception. So she throws herself into learning everything she can from British physicians and women’s rights advocates.

But while Margaret continues her education in England, back in New York, the authorities refuse to give up the chase. An undercover agent approaches Margaret’s husband, Bill, and asks for a copy of Margaret’s newsletter. When Bill obliges, the police arrest him on charges of distributing lewd material.

At trial, Bill pleads not guilty, arguing that he was entrapped by the police, and he denounces the draconian Comstock Act. But it does no good, and he’s sentenced to 30 days in prison.

News of Bill’s arrest and imprisonment hits Margaret hard. She feels guilty that her work has cost him his freedom—and she’s furious that the authorities have targeted him to get to her. The mix of shame and anger is enough to make Margaret risk everything. So despite the outstanding warrant, she decides to return to New York.

Margaret will then open a series of clinics in America to provide contraception and pass on her knowledge of birth control. The law in the United States will not be on her side. But Margaret will believe that if her husband is willing to go to jail for her beliefs, then she must be too. And her chance to prove her determination to stand up for her principles will come even sooner than she thinks.

Act Two: The First Clinic

It’s October 15th, 1916, in Brownsville, a poor neighborhood in New York City, a year after Margaret Sanger returned to America.

Now 37 years old, Margaret approaches a young couple on the street with a pamphlet. It’s promoting the birth control clinic that she is opening tomorrow morning. But the husband takes one look at the paper in Margaret's hand, sidesteps her, and hurries his wife away.

It’s been like this all morning. Margaret has struggled to get any passersby to give her the time of day. Most shake their heads with disapproval. One man even spat at her feet. But although the constant rejections have left Margaret dejected, her resolve doesn’t waver.

She swings around to find someone else to give a pamphlet to. And it’s then that she spots a young mother with a baby in her arms. Quietly, she approaches Margaret and asks for one of the pamphlets. Beaming, Margaret hands it over at once. The mother quickly tucks it into her coat and moves away down the street. But before she goes, Margaret tells her she can visit the clinic any time she likes—and urges her to share the information with her friends. The young woman nods and hurries off. But Margaret smiles. If she gets through to just one person today, then the effort will be worth it.

During the year that Margaret was in England, the conversation around birth control in the United States seemed to shift. The New York Times only mentioned the subject on four occasions in 1914. But now it’s running dozens of articles every month, reflecting increased public interest.

Margaret thinks that may be the reason she hasn’t been pursued by the authorities since she came home. The charges against her have been dropped, and Margaret suspects officials don’t want to give the issue any extra publicity.

But with birth control now finally in the spotlight, Margaret has only stepped up her efforts. With the help of her sister, Ethel, she’s established a clinic in Brownsville, an impoverished neighborhood in East Brooklyn. Tomorrow, it will open its doors for the first time.

Margaret knows that even though the authorities have turned a blind eye so far, this new clinic may be a step too far. Contraception and birth control literature is still illegal. And those who work at the clinic face jail for distributing it. Even the women who seek help will be taking a risk. So, it’s possible that no one will show up.

But Margaret’s fears that the new clinic will flop are quickly unfounded. When she arrives to open the doors early the following morning, Margaret is thrilled to see a long line of women already waiting on the street outside. Some have babies in strollers. Some even have their husbands with them. Margaret and Ethel welcome them all inside, and soon every seat in the waiting room is filled.

Each attendee pays a flat fee of ten cents. For that money, Margaret explains the different methods of birth control. Hearing it, some women blush. Others giggle nervously. But all are grateful to learn that they have choices.

The first clinic in Brownsville is such a success that Margaret soon sets up a second on the Lower East Side of Manhattan. But with this, she’s pushed her luck one too many times. As she expands her operation, the authorities are not willing to look the other way any longer.

One afternoon, a woman arrives at the Brownsville clinic. She lays two dollars on the table and asks for a dozen pamphlets on birth control. As soon as she’s given them, she leaves. But this visit immediately raises red flags. Most visitors to the clinic want to be talked through the options, not just take the literature and go. So, Margaret and Ethel quickly conclude that that woman was an undercover police officer—and they tell everyone in the clinic to prepare for a raid.

As expected, the police arrive the next day. The woman who took the pamphlets returns along with three plainclothes detectives. And while the shocked and frightened women in the waiting room look on, Margaret is arrested.

Margaret rages at the police officers as she’s taken away—but her protests make no difference. Instead, she will have to answer for her so-called crimes in court—and there, she will tell the world exactly how she feels about the way the law treats women.

Act Three: As It Stands Today

It’s January 29th, 1917, in Brooklyn, New York, three months after Margaret Sanger’s arrest.

On a brutally cold morning, Margaret leads a group of a dozen women down the street toward the court where a jury will decide her fate.

The sidewalks are lined with women offering their support. Margaret nods in thanks to each person cheering her on. She recognizes some of them from her clinics. Others are members of high society—and their vocal support for Margaret has been matched with even more welcome cash donations to her cause. But what surprises her most is the number of men in the crowd. She smiles at them, too, knowing real, lasting change will require both women and men to stand together.

Then, before entering court, Margaret pauses on the steps. Reporters shout out questions. One asking if she is willing to go to prison for what she believes. Margaret answers that she hopes it won’t come to that.

But the danger is real. Her sister Ethel was arrested soon after, and she is already behind bars. She’s begun a hunger strike in protest—and a few days ago, she became the first woman in America to be forcibly fed in prison.

So thoughts of Ethel swirl through Margaret’s mind as she faces the media. Then, she takes a deep breath and steps inside the courthouse.

Over the next two days, the prosecution calls many of the women who attended Margaret’s clinic. Their testimony is designed to prove that Margaret broke the law. But during cross-examination, Margaret’s lawyer does not try to get these women to deny the facts, but to explain why Margaret set up the clinic in the first place. This tactic wins public sympathy beyond the courtroom, but it does little to help her case, and the jury finds her guilty.

Just before sentencing, the judge offers Margaret clemency if she promises to obey the law in the future. But Margaret refuses. She declares she cannot support a law that harms women. So, the judge sentences her to 30 days in prison.

Margaret has lost in court, but she’s more concerned with the wider battle for public opinion. The trial has secured priceless publicity for her cause. And as soon as Margaret completes her sentence, she immediately returns to work.

For the next five decades, Margaret Sanger will continue to campaign for women’s rights in the United States. She will reorganize her clinics into the American Birth Control League and later into Planned Parenthood. She will aid researchers developing oral contraception in the 1950s. And although many disagreed with her stance then and continue to do so today, she had the moral conviction to put her freedom on the line when she stood trial on January 29th, 1917.

Outro

Next on History Daily. January 30th, 1835. An unemployed painter fires two shots at the Andrew Jackson, the first ever assassination attempt on a U.S. President.

From Noiser and Airship, this is History Daily, hosted, edited, and executive produced by me, Lindsay Graham.

Audio editing by Muhammad Shahzaib.

Sound design by Mollie Baack.

Music by Thrumm.

This episode is written and researched by Owen Paul Nicholls.

Edited by Scott Reeves.

Managing producer Emily Burke.

Executive Producers are William Simpson for Airship and Pascal Hughes for Noiser.