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Media Update - October 6, 2008

1. Binding Arbitration: S&M Gals Dig In Their Heels with Union Bid

2. 'The Lifestyle' -- The world or couples who swing

3. Police again arrest owners of Cherry Pit

4. St. Paul Man Charged with Murder in Kinky Sex Act

5. Thousands attend kinky San Fran festival

6. S.F. kinky naked romp a spanking success

7. Puppy play

8. Kink dreams

9. Swingtown

National Coalition for Sexual Freedom -- Media Update
October 6, 2008
www.ncsfreedom.org
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NCSF Media Updates represent a sampling of recent stories printed in US
newspapers, magazines, and selected websites containing significant
mention of SM-leather-fetish, polyamory, or swing issues and topics.

These stories may be positive, negative, accurate, inaccurate - or
anywhere in between.

NCSF publishes the Updates to provide readers a comprehensive look at what
media outlets are writing about these topics. NCSF permits and encourages
readers to forward these Updates where appropriate.
####

Binding Arbitration
S&M Gals Dig In Their Heels With Union Bid
by Rebecca Rosenberg
The New York Post (NY)
October 6, 2008

New York's dominatrixes have been getting spanked by the economy recently
- and now, they're lashing back.

Already reeling from a series of local prostitution raids, dommes have
also had to grapple with disobedient clients who can't afford to pay for
their punishments.

To address the double-whammy hitting their industry, many of them want to
form a political-action committee and union to represent their interests.

"It's never been worse. Business is down 70 percent," said Mistress
Johanna, owner of Chelsea's Le Salon DeSade. "We've had all these busts,
and now the economy is out of control. The uncertainty is torturing us."

On Thursday, 10 dominatrixes at DeSade were dressed to the hilt - in red
corsets, latex minis and thigh-high boots - with no one to flog.

On what used to be one of the house's busiest nights, only two customers
came in, and the phone barely rang. The few clients who still trickle in
have scaled back their sessions.

Most houses on Dungeon Alley, the cluster of S&M clubs in Midtown,
complain of similar woes.

Mistresses say the economic downturn and recent spat of busts - namely of
Rapture NYC, Rebecca's Hidden Chamber and Avalon - has created an
atmosphere of fear and panic.

More than a dozen dominatrixes and dungeon owners have retained John
Campbell, partner of the Tilem and Campbell law firm.

"This isn't like the escort industry, where there's a lot of illegality
and everyone knows it," said Campbell, who also represents escort
agencies. "In the BDSM [bondage, discipline, sadism and masochism]
industry, virtually everyone was operating under the belief that what they
were doing was legal."

[continued]

To read this entire article, go to:
http://www.nypost.com/seven/10062008/news/regionalnews/binding_arbitration_132295.htm
To respond, write to: This e-mail address is being protected from spambots. You need JavaScript enabled to view it or comment at the bottom
of the article


'The Lifestyle' -- The world or couples who swing
by Matt Soergel
The Florida Times-Union (Jacksonville, FL)
October 4, 2008

When Janet and her husband started swinging seven years, they had rules
governing the various permutations of what they would do, and with whom.

"I had so many rules when we started off," says Janet, sitting in the
courtyard of a San Marco nightclub with several swinging friends. "But
now, seven years later, it's like, whatever."

One thing though: There will be no cheating. Sure, her husband travels a
lot on business, and she's given him permission to have sex with other
women while he's away. Just tell her about it, she says.

Don't keep it a secret. That would be cheating.

He's lived up to his word: One time, on a trip, he called Janet on the
telephone after he'd been with another woman. He sounded a little bummed,
Janet remembers. "He even said, 'It wasn't as much fun without you.' "

It wasn't as much fun without you.

That, say some swingers, is key to understanding what they call "the
lifestyle." Swinging is a couple's thing, they say. It won't save a bad or
sexless marriage. But it does spice up their marriages, allow them to
explore their sexuality, and keep their emotions open, they say - without
cheating on their spouses. After all, their spouses are in on the game.

It's true, says Stacy, a personal trainer who makes it clear that she
likes to swing. Just so long as it's with her husband, William, who works
for a supermarket chain.

She smiles. "I don't do anything without him. Period."

[continued]

To read this entire article, go to:
http://www.jacksonville.com/tu-online/stories/100508/lif_339994212.shtml
To respond, write to: the author at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or the
editors at This e-mail address is being protected from spambots. You need JavaScript enabled to view it


Police again arrest owners of Cherry Pit
by Associated Press writers
via The Houston Chronicle
October 4, 2008

DUNCANVILLE, Texas - Police have again arrested the owners of a suburban
Dallas swingers club called "The Cherry Pit."

Jim Trulock, 59, and Julie M. Norris, 30, who host swingers' parties at
their home, were arrested on suspicion of engaging in organized criminal
activity, The Dallas Morning News reported in its Saturday editions. The
first-degree felony carries a penalty from five to 99 years or life in
prison and a fine not to exceed $10,000.

Trulock was taken into custody late Thursday, and Norris was arrested
Friday.

The attorney for Trulock and Norris, Ed Klein, said Saturday that the two
continue to maintain their innocence. Klein said that the two were
released from jail on $20,000 bond each. He said Trulock was released late
Thursday or early Friday and Norris was released Friday.

Officials in the Dallas suburb are trying to halt parties at the home.
Last year, the City Council passed an ordinance banning sexually oriented
businesses.

City officials say patrons are asked to donate money to get into the
parties, which qualifies it as a business.

Trulock and Norris have a Duncanville municipal trial date set for Oct. 27
on several citations issued for violating the ordinance. They also have a
civil case pending against the city challenging the ordinance.

The two were arrested last month on suspicion of violating the Texas
Alcoholic Beverage Code for allegedly possessing large amounts of liquor
in their home.

[continued]

To read this entire article, go to:
http://www.chron.com/disp/story.mpl/ap/tx/6039793.html
To respond, write to: This e-mail address is being protected from spambots. You need JavaScript enabled to view it


St. Paul Man Charged with Murder in Kinky Sex Act
by staff writers
KMSP TV (St. Paul/Minneapolis)
October 2, 2008

ST. PAUL, Minn. -- A St. Paul man was charged with second-degree murder
Thursday in the bleeding death of a woman early Tuesday in what he claims
was a sex act gone wrong.

Gabriel Patricia Romo, 31, was found dead early Tuesday after losing a
large amount of blood.

The Ramsey County Medical Examiner ruled the death a homicide. They said
Romo bled to death from traumatic injuries to the pelvic and abdominal
cavity due to sexual assault.

Michael Carrasco Sontoya, 31, was charged in the death and faces up to 40
years in prison, if convicted.

According to the criminal complaint, Sontoya and Romo had been drinking at
Fernbs Bar in St. Paul before going to his house between 1:30 and 2 a.m.,
where they had consensual sex in the bed.

Sontoya called 911 around 7 a.m. when he found Romo unconscious. Police
and paramedics were called to the home, on the 700 block of Robert Street,
where they found the single mother of four, surrounded by blood smears and
spatters.

Police also saw what looked like a piece of human or animal flesh on the
floor near the bathroom.

Sontoya told police he may have torn Romobs vaginal walls when they were
having sex, but officers thought it was suspicious that Romobs underwear
and inner thighs were not bloody, like they would have been if she were
bleeding profusely from her vagina.

According to the charges, Romo was lying on her back on the carpet,
wearing only underpants, two socks and one shoe. Police saw handprints on
the wall and smears of blood on the bathroom floor. Blood on the walls and
in the hallway led police to cleaning supplies in the kitchen sink,
including a wet sponge and bucket.

After he was arrested, Sontoya told police he and Romo left Fernbs Bar,
came home and undressed each other. He said he put two fingers in Romobs
vagina, then inserted his fist to the furthest point up his hand.

Sontoya said they had about 1 1/2 hours of anal and vaginal sex, then they
got up and saw a large amount of blood. He said he cleaned himself off in
the bathroom while Romo cleaned up her vomit on the floor.

Sontoya then said the two went to sleep before we woke up, realized the
situation, called his brother and called 911. Sontoyabs brother is a
Ramsey County deputy, who advised him to call police.

[continued]

To read this entire article, go to:
http://www.myfoxtwincities.com/myfox/pages/News/Detail?contentId=7563377&version=2&locale=EN-US&layoutCode=TSTY&pageId=3.2.1
To respond, go to:
http://www.myfoxtwincities.com/myfox/pages/InsideFox/ContactUs?pageId=5.11


Thousands attend kinky San Fran festival
by staff writers
UPI (news wire)
September 30, 2008

SAN FRANCISCO, Sept. 30 (UPI) -- The 25th Folsom Street Fair in San
Francisco drew hundreds of thousands of leather, bondage and sexual fetish
enthusiasts to the 13-block neighborhood.

The celebration Sunday included spanking booths, nude vendors and a man
dressed only in an 11-foot Burmese python, the San Francisco Chronicle
reported Monday.

"It brings kink out of the closet," said Al Waddell, 58, one of more then
250 vendors at the festival. "There's absolutely nothing wrong with kinky
play as long as it's between consenting adults."

However, about 10 protesters gathered outside the event disagreed. They
distributed brochures describing homosexuality as a "disorder" and
encouraged passersby to vote in favor of Proposition 8, which would
overturn a California Supreme Court ruling that a ban on same-sex marriage
violated the state constitution.

"If you go in there, you see public nudity and street orgies," said
Anthony Gonzales of San Jose, the president of the St. Joseph's Men's
Society, a Roman Catholic fraternal group. "We want to know why this is
allowed on the streets of San Francisco without any sanction at all ...
it's anarchy."

[continued]

To read this entire article, go to:
http://www.upi.com/Odd_News/2008/09/30/Thousands_attend_kinky_San_Fran_festival/UPI-74341222752199/
To respond, write to: This e-mail address is being protected from spambots. You need JavaScript enabled to view it


S.F. kinky naked romp a spanking success
by Demian Bulwa
The San Francisco Chronicle (CA)
September 29, 2008

They held the world's biggest celebration of leather, bondage and sexual
fetish in San Francisco on Sunday, and due to the event's interactive
nature, many people are now walking gingerly.

"Enough is enough," said Lowell Clark, pulling up his blue jeans after
emerging from one of dozens of spanking booths at the 25th Folsom Street
Fair.

Clark, a 30-year-old San Francisco waiter, conceded he was a novice at the
booths, where men and women in search of stimulation were struck with
whips, paddles or bare hands. Clark was last spanked at the age of 6 at
the hands of his mother in Oklahoma. A stolen pack of chewing gum was
involved.

"I still don't think I'll steal anything," Clark said. Still, he called
the spanking a "stinging pleasure" that he would try "maybe once a year."

It was just another scene from the city's most unabashed bash - a public
display of all things kinky that covered 13 blocks in the South of Market
neighborhood and drew hundreds of thousands of people, many of them not
wearing leather in key places.

There were naked people selling bondage gear and naked people seeking
support for measures on the Nov. 4 ballot. There were naked people with
cameras, taking pictures of other naked people.

One man wore only an 11-foot Burmese albino python, which curled around
his waist. The arrangement seemed risky.

The fair is fun but also important, said Al Waddell, a 58-year-old
entrepreneur from Oregon whose Paddle Daddy flogging implements were
available in mahogany, hickory and walnut.

"It brings kink out of the closet," he said as he tried to coax visitors a
step further - onto his $645 leather sex sling, complete with metal frame
and stirrups. "There's absolutely nothing wrong with kinky play as long as
it's between consenting adults."

A group of about 10 protesters standing outside the fair didn't agree with
Paddle Daddy. They passed out brochures that called homosexuality a
"disorder" and urged voters to pass Proposition 8, which would prohibit
same-sex marriage in California.

"If you go in there, you see public nudity and street orgies," said
Anthony Gonzales of San Jose, the president of the St. Joseph's Men's
Society, a Roman Catholic fraternal group. "We want to know why this is
allowed on the streets of San Francisco without any sanction at all. ...
It's anarchy."

Inside the partitions, bands played on two stages and people drank beer
and margaritas. The many gawkers at the event were easy to spot: they were
fully clothed, clung to the sidewalks of Folsom Street, and often stared
with mouths agape.

"It's great we live in a country where you can do this," tourist Brian
Churchwell, 34, of Seattle said as a topless woman was tied up and then
suspended by ropes on a raised platform.

More than 250 vendors sold whips and chains, tattoos and piercings,
artwork, pornography, leather-scented soaps and oils, and products for
those drawn to "bears" - men who tend to be, among other things, large and
hairy. One booth offered "Free spankings for the religious right."

[continued]

To read this entire article, go to:
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/09/29/BAVP137PGV.DTL
To respond, write to: the author at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or the
editors at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or comment at bottom of article


Puppy play
Cosmo Jetson helps Beyond Vanilla attendees find their inner dog
by Daniel A. Kusner
The Dallas Voice (TX)
September 25, 2008

As a little boy, when Barry Fiddick would see a dead doggie on the side of
the road, it felt like he lost a family member. Squirrel or cat road kill?
Not so much.

Whenever he'd meet a dog, he wouldn't just stoop over and pet its head.
Fiddick would crouch down to wrestle with a furry canine - like a playful
pup.

It wasn't until he was an adult, circa 1992, that he really got into the
puppy headspace and was "collared" for the first time. From there, it's a
world of leashes, growling, fire hydrants and even a leather-stitched hood
that looks like a doggie mask with ears and a muzzle.

A proud member of the leather community, Fiddick presents "Pup 101", a
Saturday morning workshop at the International Puppy & Trainer Conference
which will be held in conjunction at this weekend's Beyond Vanilla
conference, a BDSM social weekend.

Fiddick explains that puppy play isn't really that sexual. Now some
canines are into "breeding sessions", but that's usually geared for dogs,
who are generally more mature, might not have as much energy as a puppy
and are typically less playful.

"And in no way do we condone anything remotely related to bestiality", he
says.

There are service dogs and security dogs, too. Security dogs protect their
master, or "Sir".

But most dogs just want to be petted and loved.

Of course, all this canine nonsense sounds silly.

It's meant to be lighthearted. You shouldn't be afraid to laugh at my
workshop because it's funny to see grown adults walking around on all
fours growling. You can't help but laugh", Fiddick says.

[continued]

To read this entire article, go to:
http://www.dallasvoice.com/artman/publish/article_9836.php
To respond, write to: This e-mail address is being protected from spambots. You need JavaScript enabled to view it


Kink dreams
by Molly Freedenberg
San Francisco Bay Guardian (CA)
September 24, 2008

When it comes to BDSM porn peddlers Kink.com, apparently size does matter.
At least, that's how it seems now that the steamy studio has purchased the
200,000-square-foot San Francisco Armory. Suddenly, everyone wants to
know: What's the carnal concern going to do with all that space?

The answers are more diverse and ambitious than one might expect b ranging
from creating a racy reality show to starting a perfectly PG-13 public
community center. And thanks to the lascivious and lucrative imagination
of Kink.com founder Peter Acworth, it might all be possible.

Though Kink.com has been producing independent niche fetish sites like
Hogtied.com, WiredPussy.com, and FuckingMachines.com for the Folsom Street
Fair crowd for more than 10 years b first from Acworth's rented Marina
District apartment and then from the Porn Palace on Fifth and Mission
streets b it wasn't until Acworth purchased the historical landmark in the
Mission District, and was met with opposition, that the provocative porn
empire really made it onto the public's radar screen.

The armory, which was a training ground for the National Guard prior to
its decommissioning 30 years ago, has been the center of controversy
before. But that was mostly in-fighting between potential developers.
Stringent zoning requirements and necessary but cost-prohibitive
renovations discouraged buyers, leaving the Moorish behemoth on 14th and
Mission streets vacant and outside public scrutiny.

But everything changed when Acworth got involved. His intended commercial
use, for shooting scenes for all of Kink's Web sites, complied with
planning codes. And he didn't need to do expensive renovations before he
could start using, and profiting from, the building: what could be more
perfect for bondage shoots or movies about women fucking machines than
dungeons in disrepair? The only thing more ideal than the structure
itself, according to Acworth, was its location in the heart of America's
most fetish-friendly city. "You couldn't have dreamt up a more perfect
place than a castle in the middle of San Francisco," says Acworth, who
purchased the armory for $14.5 million in 2007 and started operations in
January of this year. "It's like divine intervention."

Acworth had to contend with a different kind of intervention b from a
neighborhood group called the Mission Armory Community Collective, which
opposed Kink.com as a potential neighbor. Though careful not to condemn
porn per se, the group said it feared that the company's presence in an
already troubled neighborhood would introduce more problems. Even the
Mayor's Office, potentially bending to pressure, issued the following
statement: "While not wanting to be prudish, the fact that kink.com will
be located in the proximity to a number of schools give [sic] us pause."

[continued]

To read this entire article, go to:
http://www.sfbg.com/entry.php?entry_id=7161&catid=4&volume_id=317&issue_id=397&volume_num=42&issue_num=52
To respond, write to: the author at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or comment at the
bottom of the article


Swingtown:Local swingers think life is a bowl of cherries, but Duncanville
wants to spit out the Pit
by Mike Fisher
The Dallas Observer (TX)
September 18, 2008

Horses roam aimlessly in a meadow just around the block. There's a Boy
Scout camp about a half-mile away.The green thicket behind the plain,
ranch-style house prevents exposure to adjoining homeowners, one of whom
waveswarmly at passing motorists as he mows his lawn. In this Duncanville
neighborhood, there exists a rural serenitybor at least there used to,
before Jim Trulock's home became notorious in North Texas and across
America.His house, also known as The Cherry Pit, has grabbed headlines
because of what has for years transpired behind its closed doors.

"We're swingers," says Trulock, smiling. "But we're not criminals."

Trulock, 59, and his sweetheart Julie Norris, 30, are avid participants in
what swingers refer to as "the lifestyle," and are overseers of this
controversial party house where men are urged to make "donations" to
defray expenses, women are admitted free, and anything-goes debauchery is
the raison d'C*tre. For more than a decade before the police raids and the
bad publicity, The Cherry Pit would draw 50 to 100 people each weekend; in
the last year alone, it has played host to as many as 7,000 guests.

Trulock contends his slice of this mushrooming subculture is merely a
family hangout where First Amendment rights are exercised in the form of
saucy games such as "Naked Twister."

"We don't push it on anybody. We don't recruit. We teach people who want
to learn," Trulock says. "We're an honest, loving, extended family."

The City of Duncanville, however, is not feeling the love. It sees The
Cherry Pit as an illegal and immoral business gobbling up unreported
income and sullying the neighborhood. City fathers couldn't have been
pleased that The Cherry Pit maintains a Web site that encourages others to
come to Duncanville to join the fun: "We are a group of like-minded
friends who enjoy living the swinging lifestyle. We party on weekends and
enjoy meeting new friends."

In September 2007, acting on a traffic-related complaint from a neighbor,
the Duncanville police visited the house but did not arrest Trulock.
Instead the city posted "No Parking'' signs in front of his home. On
November 6, 2007, the Duncanville City Council enacted an ordinance making
it illegal to operate a "sex club" in a residential area. A month later,
Trulock received the first of five citations, each alleging three distinct
charges: operating an illegal sex club, operating a sexually oriented
business without a license and operating a business in a residentially
zoned area. All 15 offenses were low-grade Class C misdemeanors,
punishable only by fines.

Trulock's lawyers, Ed Klein and Garry Cantrell, wasted no time in
attacking the constitutionality of Duncanville's new sex club ordinance,
filing a civil rights case in state court alleging that the new law
infringed on the free association rights of their client. "These are
people who get together because they want to be with each other," Klein
says. "It's not a business, there is no president or stockholdersbit
doesn't even have registered members."

In May 2008, the city of Duncanville again voiced its disgust with The
Cherry Pit. It amended its sex club ordinance, says Klein, in what
appeared to be an attempt to cure its constitutional shortcomings.

And things were just beginning to heat up.

Two Duncanville police raids, on July 19 and July 22, led to one arrest as
well as the at-gunpoint confiscation of a variety of items inside the
house. Based on an informant's tip, police executed search warrants,
seizing thousands of dollars in "Fun Money'' (vouchers used like arcade
tokens), $815 in real money, volumes of porn and "Cherry Pit business
cards.'' (If it has business cards, isn't it a business?) Authorities also
seized partygoers' cell phones, one man's Viagra pills and a bag of
donation forms. (If the forms say "donation," isn't that what's being
solicited?)

During the July 19 search, the Duncanville police allegedly found an
assortment of tools of the sex trade: A stripper pole. A bondage room.
Unclean mattresses on the floor. Porn. A dance floor. Panties hanging from
the ceiling. A hot tub with an unsavory broth.

Police returned the second time to seize alcohol they had found the first
time but failed to specify in their earlier warrantb582 bottles of liquor.
In the first raid, Norris claims, she received a bruise to her forehead
when she attempted to answer the door as the police broke it down with a
battering ram.

"We tried to play nice,'' says Duncanville City Manager Kent Cagle, noting
that over the last few years, Trulock was visited by the police chief, the
fire chief and a city building official. "They spoke to him, [but] he came
back with a new, even more defiant attitude.''

Cagle is leading the charge against The Cherry Pit and rattles off his
city's well-publicized list of potential allegations against Trulock:
Organized criminal activity, prostitution, narcotics trafficking, money
laundering. He mentions that a home with a septic system is not equipped
to handle a houseful of 100 people and that guests "walk around drunk'' in
the front yard.

"It's 95 percent a legal issue,'' he maintains. "If your neighbor was
raising pigs in a slaughterhouse next door, or running an auto-repair shop
with junkers in the yard next door, they would be in violation. That's
what's happening here, and when they claim they are not a business, they
are not being honest.''

[continued]

To read this entire article, go to:
http://www.dallasobserver.com/2008-09-18/news/swingtown/
To respond, write to the author at:
http://www.dallasobserver.com/feedback/EmailAnEmployee/?to=1094644
or the editors at
http://www.dallasobserver.com/feedback/EmailAnEmployee?department=letters
or comment at bottom of the article



HOW TO WRITE A LETTER TO THE EDITOR

Feedback letters are an effective way to convey a positive image of
alternate sexual practices such as SM, swinging, or polyamory. You can
help to correct negative social myths and misconceptions about these types
of practices. These letters help achieve the advocacy goals of the NCSF.

Generally, for a letter to be published, it's important to include your
name (or first initial, last name), city and daytime phone (for
verification only). For more information, see:
https://ncsfreedom.org/media/writelettertoeditor.htm

Please alert us to positive, negative or neutral stories about SM,
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  • Affirmation of Michael Thomas Fois

    AFFIRMATION OF MICHAEL THOMAS FOIS   SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: FIRST DEPARTMENT ----------------------------------------------------------------------- x THE PEOPLE OF THE STATE OF NEW YORK, Indictment No. Plaintiff-Respondent, 10938/96   -against-   OLIVER JOVANOVIC, Defendant-Appellant. ----------------------------------------------------------------------- x       AFFIRMATION OF MICHAEL THOMAS FOIS     Michael Thomas Fois, an attorney admitted to practice in front of this Court, affirms and states under penalty of perjury,…






    Tags: Legal Case
  • Notice of motion requesting leave to file memorandum of Law as Amicus Curiae

    NOTICE OF MOTION REQUESTING LEAVE TO FILE MEMORANDUM OF LAW AS AMICUS CURIAE   SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: FIRST DEPARTMENT -----------------------------------------------------------------------X THE PEOPLE OF THE STATE OF NEW YORK, Indictment No. Plaintiff-Respondent, 10938/ -against-   OLIVER JOVANOVIC, Defendant-Appellant. -----------------------------------------------------------------------X   NOTICE OF MOTION REQUESTING LEAVE TO FILE MEMORANDUM OF LAW AS AMICUS CURIAE   Please take notice that, Upon the annexed Affirmation of Michael…






    Tags: Legal Case
Barbara Nitke Case (CDA)

Barbara Nitke Case (CDA)

  • CDA Expert Testimony in the Barbara Nitke Case

    UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------X BARBARA NITKE, THE NATIONAL COALITION FOR SEXUAL FREEDOM, and THE NATIONAL COALITION FOR SEXUAL FREEDOM FOUNDATION, Plaintiffs, -against- JOHN ASHCROFT, ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, and THE UNITED STATES OF AMERICA; Defendants. 01 Civ. 11476 (RMB) PLAINTIFFS' RESPONSES AND OBJECTIONS TO DEFENDANTS' FIRST SET OF INTERROGATORIES AND REQUEST FOR DOCUMENTS -------------------------------------------------------------------X   Plaintiffs Barbara Nitke ("Nitke") and…






    Tags: CDA Nitke
  • Govt Motion to Affirm Nitke and NCSF Reply (PDF)

    Govt Motion to Affirm Nitke 05-526 (pdf) (posted 3/2/06) NCSF Reply to Govt Motion to Affirm (doc) (posted 3/2/06)






    Tags: Civil_Rights CDA
  • Justices Reject Photographer's Appeal

    The Supreme Court refused to hear an appeal yesterday from a New York photographer who said that a federal decency law violated her First Amendment rights to post explicit pictures of sadomasochism and bondage on the Web, The Associated Press reported. The justices affirmed a decision by a special three-judge federal panel upholding the Communications Decency Act of 1996, which made it a crime to post obscene materials on the…






    Tags: Supreme Court Sadomasochism Decency Act
  • Supreme Court Affirms Lower Court's Ruling in Nitke Appeal Without Hearing Oral Arguments

    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…






    Tags: Nightclub Supreme Court
  • Supreme Court Decision in the Communications Decency Act (CDA)

      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.…






    Tags: CDA Legal Supreme Court Nitke
  • Justices Pass on Internet Obscenity Case

    March 20,2006 | WASHINGTON -- The Supreme Court turned back an appeal on Monday from a photographer who claimed a federal decency law violated her free-speech rights to post pictures of sadomasochistic sexual behavior on the Web. Justices affirmed a decision last year by a special three-judge federal panel upholding the 1996 law which makes it a crime to send obscenity over the Internet to children. The court could have…






    Tags: Legal Supreme Court
  • NCSF and Nitke vs. Gonzales Supreme Court Update

    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…






    Tags: CDA Nitke
  • Communications Decency Act (CDA) Lawsuit

    July 26, 2005 - New York, NY - A three judge panel has made a decision in the National Coalition for Sexual Freedom and acclaimed photographer Barbara Nitke's challenge against the Communications Decency Act (CDA) which criminalizes free speech on the Internet. According to the court, the plaintiffs presented "insufficient evidence" to support findings that the variation in community standards is substantial enough that protected speech is inhibited by the…






    Tags: CDA Nitke
  • Expert Witness Reports Submitted in Nitke v. Ashcroft

    New York, December 18, 2003 - The National Coalition for Sexual Freedom has submitted expert witness reports for their landmark Communications Decency Act lawsuit, Nitke v. Ashcroft (Case No. 01 Civ. 11476). John Wirenius, attorney for plaintiffs NCSF and photographer Barbara Nitke, provided 31 expert witness reports and witnesses who will testify before the three-judge panel for the Southern District of New York.   The expert witness reports support the…






    Tags: Nitke
Nea vs. Findlay Case

Nea vs. Findlay Case

  • Govt Motion to Affirm Nitke and NCSF Reply (PDF)

    Govt Motion to Affirm Nitke 05-526 (pdf) (posted 3/2/06) NCSF Reply to Govt Motion to Affirm (doc) (posted 3/2/06)






    Tags: Civil_Rights CDA
  • Case summary of Nea vs. Findlay

      Argued: March 31, 1998 Decided: June 25, 1998 Issue: Freedom of Speech -- Whether a law requiring the National Endowment for the Arts to consider "general standards of decency and respect for the diverse beliefs and values of the American public" before awarding grants to artistic projects is impermissibly viewpoint-based and unconstitutionally vague. Vote: 8-1; No, the law does not violate the First Amendment. Facts: In 1990, Congress amended…






    Tags: Legal
CDA Media Reports

CDA Media Reports

Media reports covering the Communications Decency Act lawsuit launched by co-plaintiffs NCSF and Barbara Nitke.

  • NEWSBYTES - December 19, 2001

    Net Obscenity Provisions Revocation Sought NEWSBYTES By David McGuire http://www.NEWSBYTES.com December 19, 2001, Washington, DC -- A small civil liberties group has asked a federal judge in New York to revoke what remains of an Internet pornography law that was gutted by the U.S. Supreme Court in 1997. In a complaint filed in a New York City Federal Court [http://www.USCourts.gov ] last week, the National Coalition for Sexual Freedom [https://ncsfreedom.org…






    Tags: Media News
  • San Francisco Bay Guardian - January 14, 2002

    Techsploitation By Annalee Newitz San Francisco Bay Guardian, January 14, 2002   HERE'S YET ANOTHER wacky fact you probably didn't know about the Communications Decency Act ole Bill Clinton signed into law way back in 1996: the good citizens of some small town in Arizona or southern California might have the power to send you to jail if they think the contents of your Web site are "obscene." The CDA…






    Tags: Media CDA
  • San Francisco Frontiers - January 23, 2002

    Communications Decency Act A Lingering Coup de Grace? By Tim Kingston   January 23, 2002   You may dimly recall the Communications Decency Act of 1996, which unsuccessfully attempted to define and proscribe "indecency" on the Internet. That law's legal core--its indecency provision--was immediately challenged and rapidly struck down as unconstitutional by free- and electronic-speech advocates. But, what many may not know is that another portion of the law, prohibiting…






    Tags: Media CDA
  • Ynot News - January 2, 2002

    Can David Beat Goliath in the Battle of Obscenity? Part 2   By Judd Handler   Ynot News, January 2, 2002   Last week's editorial featured an interview with John Wirenius, lead counsel for the National Coalition for Sexual Freedom and Barbara Nitke, an adult content photographer. Wirenius, on behalf of the NCSF and Nitke, filed a lawsuit on December 11 against Attorney General John Ashcroft seeking to overturn Internet…






    Tags: Media CDA
  • Ynot News - December 20, 2001

    Can David Beat Goliath in the Battle of Obscenity? By Judd Handler   Ynot News, December 20, 2001   One would think it would take the giants of the industry to force the government to rethink existing, not-applicable-to-the-Internet obscenity laws. On the contrary, the little players may be the ones who are successful in getting the federal government and the Supreme Court to throw out irrelevant local community standards when…






    Tags: Media CDA
  • Wired - December 12, 2001

    New Suit Targets Obscenity Law By Julia Scheeres Wired, December 12, 2001    A national organization that promotes sexual tolerance and an artist who photographs pictures of couples engaged in sadomasochism filed a lawsuit Tuesday seeking to overturn Internet obscenity laws. The National Coalition for Sexual Freedom and photographer Barbara Nitke argue that the obscenity provision of the Communications Decency Act (CDA) is so broad that it violates free speech.…






    Tags: Media CDA
  • Spectator Magazine - January 11, 2002

    STANDING UP TO BE COUNTED: BARBARA NITKE CHALLENGES JOHN ASHCROFT ON S/M AND INTERNET OBSCENITY By David Steinberg Spectator Magazine, January 11, 2002 "No matter how we're wired to express love, freedom is having the courage to be who we are." - Photographer/plaintiff Barbara Nitke On December 11, Barbara Nitke and the National Coalition for Sexual Freedom brought suit in New York City's Federal District Court, seeking to have the…






    Tags: Media CDA
  • 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…






    Tags: Media CDA
  • New York Newsday - July 25 2005

    New York judges refuse to say Internet obscenity law is unconstitutional By LARRY NEUMEISTER Associated Press Writer, July 25, 2005, 7:58 PM EDT  NEW YORK -- A special three-judge federal panel on Monday refused to find unconstitutional a law making it a crime to send obscenity over the Internet to children. The Communications Decency Act of 1996 had been challenged by Barbara Nitke, a photographer who specializes in pictures of…






    Tags: Media CDA
  • 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…






    Tags: Media CDA
  • Nerve - December 11, 2001

    Nerve December 11, 2001 Photographer Barbara Nitke and the National Coalition for Sexual Freedom (NCSF) filed a lawsuit today, claiming the Internet censorship provision of the Communications Decency Act (CDA) violates the First Amendment right to free speech. The provision stipulates that "local community standards" will judge whether or not something is indecent. Yet attorney John Wirenius argues that "By allowing the most restrictive jurisdiction to define what speech can…






    Tags: Media CDA
  • CNN - December 20, 2001

    Lawsuit targets last scraps of Net-obscenity law By Sam Costello (IDG News) CNN, December 20, 2001 The National Coalition for Sexual Freedom (NCSF) and artist Barbara Nitke have filed a lawsuit challenging the remaining provisions of the Communications Decency Act, much of which was struck down by the U.S. Supreme Court in 1997. The act, or CDA, was passed in 1996 and was the first U.S. law designed to allow…






    Tags: CDA Media
  • Adult Video News - February, 2002

    NCSF Tackles "Community Standards" For The Web By Mark Kernes Adult Video News, February Issue Washington, DC The National Coalition for Sexual Freedom may not be a household name, even in the adult entertainment industry, but if their recently-filed lawsuit succeeds, they may go down in history as the first group to secure Americans' core constitutional speech rights.  NCSF is based in the nation's capital [~] in fact, only a…






    Tags: Media CDA News
  • ABC News - July 29, 2002

    Love or Obscenity? S/M Photographer Challenges Internet Decency Standards By Dean Schabner ABCnews.com, July 29, 2002 When Barbara Nitke wanted to put her photographs of loving couples on the Internet, she thought she should check into the laws first. That's because Nitke's recent photographs have been focused on how some couples express their love through sado-masochism. What Nitke found after reading up on Internet law and talking to lawyers was…






    Tags: Media CDA
  • Govt Motion to Affirm Nitke and NCSF Reply (PDF)

    Govt Motion to Affirm Nitke 05-526 (pdf) (posted 3/2/06) NCSF Reply to Govt Motion to Affirm (doc) (posted 3/2/06)






    Tags: Civil_Rights CDA

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