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Mann Act

1910 law of the United States Congress

Mann Act

1910 law of the United States Congress

FieldValue
shorttitleMann Act
othershorttitlesWhite-Slave Traffic Act of 1910
longtitleAn Act to further regulate interstate and foreign commerce by prohibiting the transportation therein for immoral purposes of women and girls, and for other purposes.
nicknameWhite-Slave Traffic Act
enacted by61st
effective dateJune 25, 1910
cite public law
cite statutes at large
title amended
sections created
introducedinHouse
introducedbill
introducedbyJames Robert Mann (R–IL)
introduceddateDecember 21, 1909
signedpresidentWilliam Howard Taft
signeddateJune 25, 1910

| cite statutes at large =

Newspaper clip: "Wanted sixty thousand girls to take the place of 60,000 white slaves who will die this year"

The Mann Act, previously called the White-Slave Traffic Act of 1910, is a United States federal law, passed June 25, 1910 (ch. 395, ; codified as amended at ). It is named after Congressman James Robert Mann of Illinois.

In its original form, the act made it a felony to engage in interstate or foreign commerce transport of "any woman or girl for the purpose of prostitution or debauchery, or for any other immoral purpose". Its primary stated intent was to address prostitution, immorality, and human trafficking, particularly where trafficking was for the purposes of prostitution. It was one of several acts of protective legislation aimed at moral reform during the Progressive Era. In practice, its ambiguous language about "immorality" resulted in it being used to criminalize even consensual sexual behavior between adults. It was amended by Congress in 1978 and again in 1986 to limit its application to transport for the purpose of prostitution or other illegal sexual acts.

Background and motivation

In the 19th century, many cities in the United States had designated legally protected areas of prostitution. Increased urbanization, as well as greater numbers of young women entering the workforce, led to greater flexibility in courtship without supervision. In this changing social sphere in the mid-1800s, concern over "white slavery" began. This term referred to women kidnapped for the purposes of prostitution and derives from Charles Sumner's 1847 description of the Barbary slave trade.

Numerous communities appointed vice commissions to investigate the extent of local prostitution, whether prostitutes participated in it willingly or were forced into it, and the degree to which it was organized by any cartel-type organizations. The second significant action at the local level was to close the brothels and the red-light districts. From 1910 to 1913, city after city changed previously tolerant approaches and forced the closing of their brothels. Opposition to openly practiced prostitution had been growing steadily throughout the last decades of the 19th century. The federal government's response was the Mann Act. The purpose of the act was to make it a crime to "transport or cause to be transported, or aid to assist in obtaining transportation for" or to "persuade, induce, entice, or coerce" a woman to travel. Many of the changes that occurred after 1900 were a result of tensions between social ideals and practical realities. Family form and functions changed in response to a complex set of circumstances that were the effects of economic class and ethnicity.

Rescuing sex trafficked young women

Exploitation of young women to work as prostitutes was not merely a figment of social panic or racist hysteria. Suffrage activists, especially Harriet Burton Laidlaw and Rose Livingston, took up the concerns. They worked in New York City's Chinatown and in other cities to rescue young white and Chinese girls from forced prostitution, and helped pass the Mann Act to make interstate sex trafficking a federal crime. Other groups, such as the Woman's Christian Temperance Union and Hull House, focused on children of prostitutes and poverty in community life while trying to pass protective legislation. The American Purity Alliance also supported the Mann Act.

Conspiracy narrative

According to historian Mark Thomas Connelly, "a group of books and pamphlets appeared announcing a startling claim: a pervasive and depraved conspiracy was at large in the land, brutally trapping and seducing American girls into lives of enforced prostitution, or 'white slavery'. These white-slave tracts began to circulate around 1909." Such narratives often misleadingly portrayed innocent girls "victimized by a huge, secret and powerful conspiracy controlled by foreigners" as they were drugged or imprisoned and forced into prostitution.

"Does her mother know the character of the place and the man she is with?" —''The War on the White Slave Trade'' by Ernest Albert Bell, 1910

This excerpt from The War on the White Slave Trade was written by the United States District Attorney in Chicago:

While prostitution was widespread, studies by local vice commissions at the time indicate that it was "overwhelmingly locally organized without any large business structure, and willingly engaged in by the prostitutes."

Some contemporaries did question the idea of abduction and foreign control of prostitution through cartels. For example, noted radical and feminist Emma Goldman observed, "Whether our reformers admit it or not, the economic and social inferiority of woman is responsible for prostitution."

Congressional amendments to the law

In 1978, Congress updated the act's definition of "transportation" and added protections against commercial sexual exploitation for minors.

Congress amended the law in 1986 to make it gender-neutral and to fix its ambiguous language. In particular, as part of a larger 1986 bill, the Child Sexual Abuse and Pornography Act of 1986, focused on criminalizing various aspects of child pornography, the Mann Act was revised by replacing the ambiguous "debauchery" and "any other immoral purpose" with the more specific "any sexual activity for which any person can be charged with a criminal offense".

The law was amended in 2006 to enhance the penalties for transporting minors.

Date of EnactmentPublic Law NumberU.S. Statute CitationU.S. Legislative BillU.S. Presidential Administration
June 25, 1948P.L. 80-772Harry S. Truman
February 6, 1978P.L. 95–225Jimmy Carter
November 7, 1986P.L. 99–628Ronald Reagan
September 13, 1994P.L. 103–322Bill Clinton
February 8, 1996P.L. 104–104Bill Clinton
October 30, 1998P.L. 105–314Bill Clinton
April 30, 2003P.L. 108–21George W. Bush
July 27, 2006P.L. 109–248George W. Bush

Effects and alterations of the Mann Act

The Mann Act was one of the more salient legislation passed during the early 20th century Progressive Era. While the Mann Act was meant to combat forced prostitution, it had repercussions that extended into consensual sexual activity, including criminalizing many people who were not participating in prostitution. It was also abused for political persecution and as a tool for blackmail.

The scope of the Mann Act was expanded in September 1913, as a result of charges brought against Drew Caminetti and Maury Diggs, both of Sacramento, California. The two men were married, and took their mistresses (Lola Norris and Marsha Warrington, respectively) to Reno, Nevada. The men's wives contacted the police, and the men were arrested in Reno and found guilty under the Mann Act.

Such an interpretation of the law in effect criminalized all premarital or extramarital sexual relationships that involved interstate travel. With behavior that was so commonplace now illegal, federal prosecutors had a weapon that could very easily be abused in order to prosecute "undesirables" who were otherwise law-abiding citizens.

"Undesirables" included black men who had consensual premarital affairs or married women who were not black, as well as men with perceived left-of-center political views. For example, the heavyweight champion of the world, Jack Johnson, as well as Charlie Chaplin, and later, Chuck Berry were all prosecuted and convicted under the Mann Act. The instigating circumstances resulting in prosecution were that Johnson married a white woman, Chaplin had a premarital relationship with a 24-year-old actress then later paid her train fare home (crossing over state lines), and Berry paid for transportation of an underage Apache girl to her home, across state lines.

Following multiple blackmail accounts, The New York Times became an advocate against the Mann Act. In 1915, the paper published an editorial pointing out how the Act led to extortion. In 1916, it labeled the Mann Act "The Blackmail Act", arguing that its dangers had been clear from the start as the Act could make a harmless spree or simple elopement a crime. The paper also called the "blackmail that resulted from the Mann Act [...] worse than the prostitution it sought to suppress".

One author wrote about an incident of blackmail in 1914. A woman met a U.S. Army colonel in Los Angeles and was his mistress for two years. He promised to divorce his wife and marry her. When the colonel decided to leave her and return to his wife in Providence, Rhode Island, his former mistress and her mother pursued him there. The two women consulted lawyers and then the former mistress unsuccessfully tried to bring charges against him under the Mann Act, attempting to bribe an official to assist in her favor.

While the Mann Act has never been repealed, it has been amended and altered. The 1978 amendments expanded coverage to issues around child pornography and exploitation. Most recently, in 1986, the Mann Act was significantly altered to make it gender neutral and to redress the ambiguous phrasing that had enabled decades of unjust applications of the Act. With the 1986 amendments, the Mann Act outlaws interstate or foreign transport of "any person" for purposes of "any sexual activity for which any person can be charged with a criminal offense." Prior to the Supreme Court ruling in Lawrence v. Texas (2003), old laws in many states made sodomy illegal, which left open the possibility of prosecution under the Mann Act of consenting adult couples, especially gay couples, though there is no record of such enforcement actions.

By 2024 the term "White Slave Traffic Act" has fallen out of use although the associated law continues to be enforced.

References

References

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  8. Langum, David J.. (1994). "Crossing Over the Line: Legislating Morality and the Mann Act". University of Chicago Press.
  9. (June 4, 1913). "Year in Cell for Johnson; $1,000 Fine, Too, for Pugilist's White Slavery Offense". [[New York Times]].
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  19. (April 20, 1918). "Thomas and Woman Freed. Evidence Sought for Prosecution under the Mann Act". The New York Times.
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