This section reads: 'An article or instrument, used or applied by
physicians lawfully practicing, or by their direction or prescription,
for the cure or prevention of disease, is not an article of indecent
or immoral nature or use, within this article. The supplying of such
articles to such physicians or by their direction or prescription, is
not an offense under this article.'
"This exception in behalf of physicians does not permit advertisements
regarding such matters, nor promiscuous advice to patients
irrespective of their condition, but it is broad enough to protect the
physician who in good faith gives such help or advice to a married
person to cure or prevent disease. 'Disease,' by Webster's
International Dictionary, is defined to be, 'an alteration in the
state of the body, or of some of its organs, interrupting or
disturbing the performance of the vital functions, and causing or
threatening pain and sickness; illness, disorder.'
"The protection thus afforded the physician would also extend to the
druggist, or vendor, acting upon the physician's prescription or
order."
Section 1142, which shamelessly classes contraceptive information with
abortion and things obscene, still stands, but under the decision of
the Court of Appeals, it is the law of New York State that physicians
have the right which they were seemingly denied.
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