The initial efforts towards censorship of sex literature under the ban of that plausible, question-begging epithet obscene were made in the years 1872 and 1873. The elder Dr. Foote offered some unavailing remon strance which ensured him the enmity of the in?uential fellowship of moralists for reve nue. He believed he had a constitutional right to spread intelligence, even about sex ual subjects, and so risked violation of a law whose criteria of guilt no one knows to this day. Relying upon his assumed rights, he sent to an enquirer a lea?et on the means for promoting race suicide and for that reason was arrested and convicted under the postal censorship statute.