The law is interpreted – sometimes to our favor, and sometimes not.
For example, while the NCSF firmly believes that consensual SM activity between adults is legal, there are those that have a differing opinion and will intentionally interpret the law in an unfavorable way. Therefore, it is extremely important for the SM- Leather-Fetish communities to have an understanding of the laws that may affect us.
The National Coalition for Sexual Freedom has been fighting for your rights for the past 14 years, and we are changing the way society views kinky people.
NCSF has taken the lead in two vital projects:
Our DSM Revision Project has successfully lobbied the American Psychiatric Association, resulting in their proposal to depathologize BDSM in the next Diagnostic & Statistics Manual.
NCSF also took over leadership in the nationwide Consent Counts project, working to decriminalize BDSM and create a database of relevant state laws.
Susan Wright of NCSF has helped Paddles, the BDSM nightclub here in NYC, tremendously in the various issues we have encountered over the last few years involving all applicable laws/policies and interfacing with the local community. With NCSF's resources and her own years of expertise, she has worked diligently with us to research the health code regulations in NYC and how they affect an alternative sexuality nightclub such as ours. She has also done extensive work with us towards the goal of the city removing and/or amending its "anti-sex club" policies which has created an environment which makes it challenging for Paddles, a legal BDSM nightclub establishment, to operate in. She has also helped us understand and stay in compliance with all other regulations that would affect a club such as ours. Susan is a great asset to have "on our side" who is always available to lend us assistance. Thanks for all the help, Susan!
WASHINGTON, DC - The Supreme Court today denied an appeal by photographer Barbara Nitke and the National Coalition for Sexual Freedom (NCSF) in the case of Nitke v. Gonzalez. The appeal challenged the constitutionality of the Communications Decency Act on the grounds that the obscenity provision of the CDA is overbroad.
Last year, a three-judge panel in New York's Southern District had dismissed Nitke's lawsuit, ruling that there was "insufficient evidence" to show that the CDA was overbroad. In affirming that ruling today, the Supreme Court did not hear oral arguments in the case, instead issuing a four-word decision which reads simply: "The Judgment is Affirmed."
According to comments posted by attorney Alan R. Levy to his Live Journal blog, since the case had been decided by a three-judge panel, Nitke and the NCSF had an "appeal of right to the U.S. Supreme court," which meant that the court could not "deny certiorari and had to take the case." Levy is a senior associate with the law firm of Lester, Schwab, Katz and Dwyer in New York, and a member of the NCSF.
"Unfortunately, the Supreme Court's decision consisted of four words: 'The Judgment is Affirmed'," Levy wrote. "Hence, it appears that the 'Nitke' case is at an end."
The NCSF was clearly disappointed with the Court's decision and even more disheartened by the lack of any hearing or opportunity to present further arguments.
"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 stated in a press release issued today.
While the NCSF stated their belief that the lawsuit "was successful in weakening the Miller standard of judging obscenity," a reference to the landmark decision in the 1973 case Miller v. California which established the "obscenity test" which courts have used ever since.
The NCSF, along with the Free Speech Coalition and many legal experts, has argued that the Miller test is no longer relevant, particularly where internet communications are concerned. Rather than take this opportunity to review and possibly update existing obscenity law, the NCSF worries that the court, by ducking the issue in this case, may have opened the floodgates to more obscenity prosecutions directed at sexually explicit websites.
"We have proven that Miller does not work," said Susan Wright, Spokesperson for NCSF in a press release today. "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."
For her part, Nitke focused on gains made through the lawsuit, rather than on the negative outcome, and called on like-minded people to continue the "fight."
"I think we've achieved a great victory in drawing attention to how politicized our judicial system has become," Nitke said in the statement released by the NCSF. "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."
According to multiple reports from the Associated Press and other sources, the Bush Administration had actively urged Supreme Court Justices to steer clear of the case.
In addition to contributing to YNOT, Q is the Director of Traffic Development for NicheBucks.com and an eight-year veteran of the online adult industry.
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…
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…
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…
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…
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…
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.