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Constitutional Law Keyed to Choper
Eisenstadt v. Baird
Citation:
405 U.S. 438 (1972)Facts
In April 1967, William Baird gave a lecture on contraception and overpopulation to students at Boston University. During his presentation, he displayed various contraceptive devices using diagrams and exhibited the actual devices in their original packages. At the conclusion of his lecture, he invited audience members to take contraceptive articles, and he personally handed a package of Emko vaginal foam to a woman. Massachusetts law at that time prohibited anyone other than registered physicians or pharmacists from distributing contraceptives, and even they could only provide them to married persons. Baird was arrested and convicted of both exhibiting contraceptive devices and giving away contraceptive foam. While the Massachusetts Supreme Judicial Court overturned his conviction for exhibiting contraceptives on First Amendment grounds, it upheld his conviction for distributing contraceptives. Baird challenged this conviction through federal habeas corpus proceedings, arguing that the Massachusetts law violated constitutional rights.
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