NCSF on Twitter   Subscribe to the NCSF RSS Feed   NCSF Blog

New York Daily News - July 15, 2002

Fotog vs. Feds in Obscenity Law: Files suit to keep photos on Web

by Veronica Vera

New York Daily News, July 15, 2002

Photographer Barbara Nitke is used to being behind the lens, but if legal matters heat up, she may soon find the government focusing on her.

Nitke is ready to step into the foreground as the chief plantiff in Barbara Nitke and the National Coalition for Sexual Freedom vs. John Ashcroft and the US Government in a challenge to the Communications Decency Act, which governs obscenity on the Internet.

The lawsuit was filed on Dec. 11 in Manhattan Federal Court of New York; the government moved to dismiss, and the plaintiffs have moved for an injunction.

The case continues to make its way through the courts.

Nitke, whose photo show "20 Years" opened on Friday at the Art at Large Studio in Manhattan, began her career in 1982 as a still photographer on movie sets.

But since 1994, her emphasis has been on chronicling the intimate lives of couples. She has gained a considerable reputation as a fine-art photographer and is on the faculty of the School of Visual Arts.

Photojournalist Mark Peterson, who attended the packed opening, commented, "There is a beauty and ethereal quality to her work that forces people to look at it in a different way than they might have when they walked into the room." He compared her work with that of Robert Mapplethorpe, who stirred controversy with his erotic photos.

Nitke's involvement in the civil liberties lawsuit began when she decided to create a website on which to show and sell her work. Aware that her photographs are highly provocative, she consulted several lawyers regarding obscenity laws, only to discover that under the Communications Decency Act, obscenity is a gray area determined by community standards.

A 1997 Supreme Court ruling struck down half of the act, the "indecency" section, when it determined that if a work is indecent but still can be found to have redeeming social value, it can be displayed in public. But the "obscenity" portion of the act still stands. Among the lawyers Nitke consulted was John Wirenius, legal counsel for the National Coalition for Sexual Freedom.

The members of the coalition, "a national organization committed to protecting freedom of expression among consenting adults," were also concerned about obscenity statutes and decided to pursue a proactive stance and challenge the law. They asked Nitke to be the plaintiff because, as Wirenius said, "We wanted to make clear that under the current law, a serious artist whose work is sexually explicit and controversial could be prosecuted."

The tactic proposed by the coalition to sue the government to either define or eliminate the obscenity law appealed to Nitke, who said she believed, "Why wait to respond to trouble if you can nip trouble in the bud?"

Barbara Nitke's "20 years" can be seen through August 3 at Art at Large, located in the Film Center, 630 Ninth Ave. Hours are Tuesday through Friday, 1pm to 6pm and Saturday and Sunday by appointment.

This article appeared on:
www.nydailynews.com

To respond, write to:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Consent Counts

Consent Counts

Learn More about Consent Counts
In the News

In the News

  • NCSF’s Coalition Partners Join Together for Consent Summit

    NCSF’s Coalition Partners Join Together for Consent Summit   The National Coalition for Sexual Freedom held its annual Coalition Partner meeting in Phoenix, Arizona from February 8-10, 2013. The Consent Summit took place Friday evening, and Coalition Partners were able to participate via streaming video to give their input on the new Consent Statement. Go to www.ncsfreedom.org to see the Consent Statement and comment on it.   “The Consent Statement…






    Tags: Consent_Counts
  • NCSF Survey on Consent

    FOR IMMEDIATE RELEASE National Coalition for Sexual Freedom NCSF Survey on Consent The National Coalition for Sexual Freedom (NCSF) wants to hear from you! Please take our Consent Counts survey and tell us what you think about consent: www.ncsfreedom.org/survey.html As part of decriminalizing BDSM in the legal codes, we need to be able to articulate a clear definition of consent that the BDSM communities believe in. The results of this…






    Tags: Survey Consent Counts consent fetlife
  • NCSF Launches the Next Chapter for Consent Counts

    NCSF Launches the Next Chapter for Consent Counts February 27, 2012 The National Coalition for Sexual Freedom (NCSF) announces two new publications as part of its nationwide campaign, Consent Counts. The Consent Counts Project was launched by the BDSM-leather-fetish communities in 2006 to decriminalize consensual BDSM in U.S. law by ensuring that consent will be recognized as a defense to criminal charges brought under assault laws and other statutes. "For…






    Tags: Consent_Counts Press Release consent
  • Action Alert - Take Action Californians!

    Our BDSM communities could be adversely impacted by a well-intentioned, but overly broad, piece of proposed criminal legislation that has been introduced by Senator Christine Kehoe in the California Senate.  NCSF is asking all of you to sign and send to NCSF letters (a draft is attached below) that we can introduce if necessary at a hearing likely to be held in April, 2011. The purpose of the bill, SB…






    Tags: Consent Counts action alerts california SB 430
  • NCSF Press Release - Missouri Indictment

    In an indictment rendered by a Grand Jury in the Western District of Missouri on September 9, 2010, five Missouri men allegedly participated in torturing a mentally disabled woman online or in person over a multi-year period when the victim was between the ages of 16 and 24. Among the charges are: Sex Trafficking by Force, Fraud or Coercion, Forced Labor Trafficking, Transportation for Sexual Activity, and Conspiracy. The allegations…






    Tags: Consent_Counts SSC Press Release Indictments
Resources
Share the Message! Download CONSENT COUNTS! stickers
Print on Avery stickers #8462 or equivalent
   
Download the Consent Counts Discussion Guide
Share the message - Consent Counts!

Consent Counts: We're Making a Difference

  • Completed Federal and State Legal Research
  • Developed Educational Programs and Outreach Materials
  • Built Alliances With Sexual Freedom Advocacy Groups

About Consent Counts

NCSF is leading a major national campaign—Consent Counts—to change the laws and police practices that our communities now endure, and to establish that consent is available as a defense in criminal BDSM prosecutions.

  • BDSM is prosecuted as assault in the U.S., even when it is consensual.
  • No state or appellate court has allowed consent as a defense to assault in BDSM cases.
  • Consent Counts is a nationwide project to decriminalize consensual BDSM.
 
Program Goals:
Consent Counts
is a nationwide project to decriminalize consensual BDSM through education, advocacy, legal actions and lobbying.

 

Contact:
Judy Guerin
Director, Consent Counts 
 
Help us reach more communities