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New York Press - August 28, 2002

What's Obscene in Podunk

By John Strausbaugh
New York Press, August 28, 2002
 
Barbara Nitke is a well-known and much-seen photographer in her field. She's president of the New York Camera Club and teaches a course in darkroom technique at SVA. A nice, neat, sweet individual, she's the very very last person in New York City you'd suspect of being a pornographer. Which she's not, not exactly. She's more an arty photo-documentarian of porn -she shot an enormous number of stills on the sets of porn shoots in the 80s and 90s-and of the activities of people of "alternative sexuality" (read: s/m).
 
You can see a sampling of her work at barbaranitke.com. Some portion of the erotic photography you encounter elsewhere on the Internet is also her work. And that, plus the fact that she's the very antithesis of the sleazy, trashy, drug-damaged porn professional, makes her the perfect person to front a legal challenge to current obscenity law.
 
Which she's doing in a case with the simple yet grandiose name Nitke v. Ashcroft.

Nitke knows about obscenity prosecutions from close personal observation. Her ex-husband Herb produced porn in the 70s, including, she says, an uncredited role in financing The Devil in Miss Jones. During the movie's several obscenity trials, "He was always the guy on trial," she recalls. "So my free-speech thing goes way back."
 
It was when she was putting together her website, a gallery of selected photos culled from 20 years on porn sets and in s/m dungeons, that Nitke began to worry about her possible legal exposure.
 
"I was really proud of getting my website up, but also really concerned," she says. "There were some very scary laws that got on the books when Clinton was in power, but they never got enforced. With Ashcroft coming in, these laws were about to be enforced, I thought. A person like me, if I get hit with an obscenity suit, it's an immediate go into bankruptcy, plead guilty. There's no way I'd have the resources to fight it... I started calling around to lawyers and anybody who'd have any legal advice for me."
 
One lawyer she spoke with was John Wirenius, a partner at Leeds, Morelli and Brown, on Long Island (they used to have an office in the WTC as well), a firm that specializes in civil rights and civil liberties. Wirenius focuses on First Amendment cases, has lectured and written on it (First Amendment, First Principles).
 
Wirenius had been approached by the National Coalition for Sexual Freedom (NCSF; www.ncsfreedom.org), an organization "committed to protecting freedom of expression among consenting adults" founded in '97. Member groups include gay, leather and s/m organizations like New York's Lesbian Sex Mafia and Eulenspiegel Society. They had the same worries as Nitke about John Ashcroft and the Bush administration.
 
 
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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 
 
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