NCSF Briefs

Woodhull Freedom Foundation et al V. United States

NCSF joined with our allies in filing a Brief in Support of Appellants challenging FOSTA, the Allow States and Victims to Fight Online Sex Trafficking Act of 2017. Find out more about FOSTA here.

United States, Appellee V. Miles

A military case involving a marine who engaged in a consensual threesome and because of that was convicted of adultery, attempted consensual sodomy and indecent conduct, a “crime” based solely on undefined sexual conduct inconsistent with “common propriety.” On December 4, 2014, NCSF motioned for leave to file a brief as amicus curiae in support of appellant’s petition for grant of review. 

Nitke vs. Gonzales, Attorney General of The United States of America

In 1997, the Supreme Court struck down part of the CDA, which allowed for prosecution of Internet sites that were “unfit for children.” However, the Court left in place the statutes deeming that sexually-oriented material that is “patently offensive under local community standards” is not protected by the First Amendment unless its author can prove its “redeeming social value.”

On December 11, 2001, the NCSF filed its lawsuit in New York City’s federal court with Barbara Nitke, a New York City artist who has been exploring issues of sexual relationship and desire through photography since 1982. This historic lawsuit against The United States of America challenged the constitutionality of the CDA’s obscenity statutes on the grounds that they violate the free speech of Internet content providers and inhibit the discussion of sexual issues on the Internet among consenting adults. The attorney for the case is John Wirenius, author of First Amendment, First Principles: Verbal Acts and Freedom of Speech (Holmes & Meier Publishers, Inc., 2000)

Expert Testimony

Supreme Court Denies Appeal