NCSF on Twitter   Subscribe to the NCSF RSS Feed   NCSF Blog

Administrator

E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

August 22, 2005 - New York, NY - Barbara Nitke and the National Coalition for Sexual Freedom have filed a notice of appeal to the U.S. Supreme Court of the District Court's decision in the Communications Decency Act (CDA) challenge. Their appeal contends the District Court applied an incorrect legal standard for determining whether protected material was improperly banned under the CDA. The District Court also committed legal error in finding that many local communities do not have pre-determined standards of obscenity that can be verified--and then ruling the plaintiffs failed to prove what those standards are.

NCSF members and Barbara Nitke have been found by the Court to be genuinely at risk of prosecution under the CDA and their speech has been inhibited according to the decision handed down by the Federal District Court for the Southern District of NY, case #01 CIV 11476 (RMB). However, the three judge panel stated that the over 1,000 images and text by 150+ artists and website owners presented by the plaintiffs was "insufficient evidence" to prove that the variation in community standards is substantial enough that protected speech is inhibited by the CDA.

"As an artist, I can only do my work in a free society and that's what this challenge is about," says co-plaintiff Barbara Nitke, a fine art photographer who explores sexual relationships in her work. "We're fighting for the continued right of American artists to do their work and share it with others on the Internet."

"NCSF is concerned about this ruling because the court agrees that websites that deal with alternative sexuality are at risk of prosecution," says Susan Wright, NCSF Spokesperson. "Websites and chat groups that include discussions and images of SM, swinging and polyamory, and membership groups that maintain educational websites about adult sexuality are at risk."

The CDA contains provisions that ban speech and images from the Internet that any local community in the U.S. could deem obscene, even though that speech would be fully protected elsewhere. The CDA also contains a provision that states that it's illegal to put any obscene material on the web in such a way that minors can access it. However since the Internet can be accessed by anyone with a computer, anything on the web can be accessed by a minor as previously held by the Supreme Court in Reno v. ACLU. NCSF and Nitke maintain that adults have the right to post sexually explicit material on the Internet for other adults to view.

NCSF is dedicated to proactively challenging the rise in obscenity and pornography prosecutions, including filing an Amicus Briefs in support of Extreme Associates, and supporting the Free Speech Coalition's injunction filed against the expanded record-keeping provisions of 18 U.S.C. B' 2257.

To contribute to the expenses of the CDA lawsuit, go to: www.ncsfreedom.org/donations.htm Every dollar goes directly to ensuring free speech on the Internet.

March 3, 2006 - In documents filed with the U.S. Supreme Court, the U.S. Justice Department did not contest NCSF's assertion that NCSF's Communications Decency Act challenge is properly before the Supreme Court on direct appeal. That is a big step forward because that means both sides agree that the Supreme Court should rule on the merits of NCSF and Barbara Nitke's case, and not on any procedural grounds.

The government requested that the Supreme Court affirm the lower court decision against Nitke vs. Gonzales, arguing that the case should move forward with only a limited briefing without argument. NCSF filed a response this week contending that the Supreme Court should order a full briefing and oral argument to hear all the facts in this important First Amendment lawsuit.

Now is the time to support NCSF! NCSF needs funds to continue providing operating support for the CDA lawsuit, commenced in 2001 and now finally before the U.S. Supreme Court. Donations also fund our constituency services: NCSF's Incident Response program helps over 700 people a year, and the weekly Media Updates alert subscribers about news articles dealing with SM, polyamory and swinging.

Full text of the governments Motion to Affirm and NCSF's reply can be found under our CDA coverage area.

Please urge your group to hold a fundraiser for NCSF. You can also mail a personal donation or log onto the NCSF website to donate: Donations NCSF appreciates your support!


NCSF is dedicated to proactively challenging the rise in obscenity and pornography prosecutions, including filing an Amicus Briefs in support of Extreme Associates, and supporting the Free Speech Coalition's injunction filed against the expanded record-keeping provisions of 18 U.S.C. B' 2257.


A project of NCSF and the NCSF Foundation


The National Coalition for Sexual Freedom is a national organization committed to creating a political, legal, and social environment in the United States that advances equal rights of consenting adults who practice forms of alternative sexual expression. NCSF is primarily focused on the rights of consenting adults in the SM-leather-fetish, swing, and polyamory communities, who often face discrimination because of their sexual expression.


National Coalition for Sexual Freedom

822 Guilford Avenue, Box 127

Baltimore, MD 21202-3707

410-539-4824

This e-mail address is being protected from spambots. You need JavaScript enabled to view it

www.ncsfreedom.org

 
March 20, 2006 - Washington D.C. Today the U.S. Supreme Court affirmed the Federal District Court's decision in Barbara Nitke and NCSF v. Alberto Gonzales, the challenge to the Communications Decency Act, #01 CIV 11476 (RMB). The Supreme Court has affirmed the lower court's decision without hearing oral arguments, sending a clear signal that the court will not protect free speech rights when it comes to sexually explicit materials.
 
The NCSF and Nitke lawsuit was successful in weakening the Miller standard of judging obscenity: the District Court for the Southern District of NY made a factual finding that the SLAPS prong of Miller does not provide protection against prosecution as it was intended to do. The Miller decision (1973) stated that materials were constitutionally protected if the work, taken as a whole, has "serious literary, artistic, political, or scientific value." However the District court accepted evidence from NCSF and Nitke that prosecutors and juries in more restrictive communities are less likely to extend protection to artistic and literary materials that are outside the mainstream of traditional sexuality.
 
"We have proven that Miller does not work," says Susan Wright, Spokesperson for NCSF. "But the Supreme Court has declined to strike it down at this time. That means every website on the Internet can be judged by the most repressive local community standards in the U.S."
 
The Supreme Court decision shows the importance of supporting NCSF, one of the few organizations proactively fighting obscenity laws. The CDA makes it a crime to post obscenity on the Internet because those materials may be viewed by children. NCSF and Nitke believe that adults should have the right to post and view sexually explicit materials involving consenting adults on the Internet.
 
"We knew that the Bush administration was laying its plans to prosecute sexually explicit material on the Internet," says John Wirenius, attorney for the plaintiffs. "By filing our lawsuit in 2001, we may have slowed the Justice Department from prosecuting obscenity in 2002-3, but the number of obscenity prosecutions has steadily increased ever since. We believe in fighting this battle and we took our fight all the way to the Supreme Court."
 
"I think we've achieved a great victory in drawing attention to how politicized our judicial system has become," says co-plaintiff Barbara Nitke, a fine art photographer who explores sexual relationships in her work. "Our obscenity laws are outmoded, especially in conjunction with the Internet. We've made a huge dent in how obscenity will be judged in the future, and I hope others will now stand up and continue to fight against repressive laws like this."
 
NCSF and Barbara Nitke would like to thank everyone who contributed to fund this important lawsuit, as well as the many dedicated witnesses and lawyers who assisted in bringing this case to court. In particular, NCSF and Nitke thank John Wirenius for his outstanding efforts in this case and his dedication to First Amendment rights. NCSF intends to continue the fight against obscenity laws in the U.S.
<< Start < Prev 31 32 33 Next > End >>
Page 33 of 33