NCSF on Twitter   Subscribe to the NCSF RSS Feed   NCSF Blog

What is SM

American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, 4th Edition. These criteria are listed in the Paraphilia section, pg. 525. Diagnostic criteria for 302.83 Sexual Masochism: Over a period of at least six months, recurrent, intense sexually arousing fantasies, sexual urges, or behaviors involving the act (real, not simulated) of being humiliated, beaten, bound or otherwise made to suffer. The fantasies, sexual urges, or behaviors cause clinically significant distress or impairment in social, occupational, or other important areas of functioning. Diagnostic criteria for 302.84 Sexual Sadism Learn more about NCSF's work to depathologize BDSM in the DSM
Why do you call it SM instead of S&M? The term "S&M" stands for Sadism and Masochism, and the historical definitions and depictions of S&M are often stereotyped and nonconsensual. The term "SM" stands for sadomasochism, which is a type of sexual orientation or behavior. Many people call it SM to emphasize the need for consent since both behaviors are united in a single word. SM is also sometimes referred as "leather," "Dominance & Submission," "D&S" and "BDSM".   Where did the terms Sadism and Masochism come from? As the language has evolved, the contemporary definitions of sadism and masochism are changing. Sadism no longer implies non-consensuality, nor does it imply violence. It simply means that someone receives erotic gratification from the infliction of psychological or physical stimulation on a consenting partner. Conversely, a masochist is someone who enjoys receiving that psychological or physical stimulation.   The term 'sadism' was popularized by psychiatrist Richard von Krafft-Ebing in 1886 and stems from the writings of the Marquis de Sade (de Sade's writing style had been referred to as "le sadisme" for years, Krafft-Ebing was the first to use the term in a clinical manner). The case histories he reported primarily concerned nonconsensual sexual violence and were not about what we now call SM.   Krafft-Ebing also coined the term 'masochism' to describe the enjoyment of sexual servitude. He took the term from the writings of Leopold von Sacher-Masoch, a prominent Austrian novelist, who wrote about his own masochistic desires in novel form. Sacher-Masoch was alive at the time and not very happy about having a perversion named after him, as it defamed his grandfather. Sacher-Masoch was given his hypehenated name as an honor to his maternal grandfather; his mother was the only daughter of an esteemed public health physician. Dr. Masoch convinced the Austrian government to install the sewer system of Vienna, thereby preventing uncounted epidemics. It is ironic that this public health physician is remembered for a sexual diagnosis rather than for the good he actually accomplished.   Why do people do SM? We do not know why some people are heterosexual and others are homosexual. We do not know why some people eroticize breasts and others legs. We do not understand how people develop any particular eroticism. We do know that no one has found any characteristic in childhood history, birth order, etc., that is more common among SM…
Find a Kink Aware Professional
You do not have to be afraid of people who engage in SM. SM players are doctors, lawyers, teachers, construction workers, fire fighters, secretaries and everything else you can imagine.   In her 1983 book Erotic Power, sociologist Gini Scott examined the dynamics of the heterosexual SM subculture. She stated: "Unlike the psychiatrists and psychologists who deal primarily with psychologically troubled individuals who are also interested in D&S [Dominance and Submission], I did not find them to be psychologically troubled or socially inept; rather, a spirit of good humor and fun prevailed, and the participants appeared to be mostly attractive, quite ordinary-looking people who had ordinary relationships outside the D&S scene... A vast variety of people with a diverse range of erotic interests participate in sadomasochiSM. Their backgrounds, activities and attitudes are quite unlike the social stereotype that depicts sadomasochiSM as a form of violence, mischief, or mayhem perpetrated by the psychologically unstable who seek to hurt others or to be hurt themselves... At the core of the community are mostly sensible, rational respectable, otherwise quite ordinary people. Thus, quite unlike its public image, the community is a warm, close and supportive one." Gini Scott (1983). Erotic Power, Citadel Press: pg. x.
Domestic violence is a pattern of intentional intimidation of one partner to coerce or isolate the other partner without consent. Abuse tends to be cyclical in nature, escalates over time, and characterized by apologies between the episodes that it will never happen again. SM is not abuse or domestic violence because: SM is voluntary. The partners agree to erotic power exchange of their own free will and choice. Either partner is free to leave at any time. The fact that SM relationships do split (amiably or not) without retaliation or violence supports the importance of this distinction. SM is consensual. All partners involved agree to what is going to happen. Discussion of limits is usual and customary. Violation of those limits is a serious offense within the SM community. SM partners are informed. Participants involved in erotic power exchange have an understanding of the possible consequences. SM partners ask for and enjoy the behavior; they are often disappointed if the behavior does not happen. There is no apology for the behavior after it is over, rather both partners are happy and satisfied that it occurred. SM partners take great care to make sure that their activities are as safe as possible. To truly damage their partner would deny themselves of being able to participate in the behavior. Individuals that violate their partners limits soon find that they are lacking partners in which to engage in the behavior. To emphasize the point, SM groups frequent hold educational meetings on how to safely engage in the behavior.   Nonetheless, as with any group of people, you will find cases of domestic violence among SM practitioners. The organized SM-Leather-Fetish community does not condone domestic violence and actively encourages victims and abusers to seek help.   Sociologist Thomas S. Weinberg is the author of numerous professional articles on human sexuality in various scholarly journals. In Studies in Dominance & Submission, Dr. Weinberg says:   "While the individuals we have discussed are different in many ways there are, nevertheless, some common themes running through them. These similarities are all related to S&M as a form of social interaction. For example, the importance of learning both attitudes and techniques through a socialization process is evident in all of these [sigma] In order for an S&M scene to be successful, from the viewpoint of both partners, it must be collaboratively worked out. Unless there is satisfaction on…
SM-Leather-Fetish educational and social organizations consider the cornerstone of SM activity to be the guidelines: "safe, sane, and consensual." While it is possible to do any activity in a reckless and dangerous manner, SM is no more dangerous than skiing or other thrilling activities. Safe Safe is being knowledgeable about the techniques and safety concerns involved in what you are doing, and acting in accordance with that knowledge. Safety includes the responsibility of protecting yourself and your partner from STD (sexually tranSMitted disease) infection including the HIV virus. While the media often portrays the more extreme SM behaviors, the reality is that a lot of SM play never goes beyond a playful spanking. Just as there are ways to reduce the risk in activities such as scuba diving or driving a car, there are ways to reduce the risk and engage in SM behavior safely. The organized SM community is active in promoting safety seminars and teaching the practitioners how to engage in these behaviors safely. The fact that SM practitioners are not clogging the emergency rooms every weekend, is an indication that these programs are working. If SM injuries were occurring, it seems obvious that the press would be highlighting this for the entertainment of its readers/viewers. Sane Sane is knowing the difference between fantasy and reality. Fictional accounts of SM are often distorted for fantasy sake, and are not representative of real situations and relationships. Sane also distinguishes between mental illness and health. A real distinction between mental illness and health is when a behavior pattern causes problems in a person[base ']s life. Washing your hands until the skin is peeling off, or so frequently that you can not otherwise function is a sign mental illness. SM, like any other behavior, can be a sign of psychiatric problems. However the vast majority of its practitioners find that SM enriches and promotes functionality in the other areas of their life. Consensual Consensual is respecting the limits imposed by each participant at all times. Consent is the prime ingredient of SM. One difference between rape and heterosexual intercourse is consent. One difference between violence and SM is consent. The same behaviors that might be crimes without consent are life-enhancing with consent. The type and parameters of control are agreed upon by the people involved, and the ongoing consent of all participants is required. Some practitioners use a safeword, which is…
SM is a sexual orientation or behavior among two or more adult partners. The behavior may include, but is not limited to, the use of physical and/or psychological stimulation to produce sexual arousal and satisfaction. Usually one partner will take an active role (top or dominant) and the other will take a passive role (bottom or submissive). SM practitioners can be heterosexual, bisexual, homosexual, transgendered or intersex individuals.   SM is not easily defined; the range of behaviors are quite broad and most participants do not enjoy all of the activities or roles. The problems with the definition are discussed at length in an article by Weinberg, Williams and Moser. They found five features present in most SM interactions they studied: Dominance and submission - the appearance of rule and obedience of one partner over the other Consensuality - a voluntary agreement to enter into SM "play" (interaction) and to honor certain "limits" (ground rules of how involved and in which direction the play can proceed); Sexual content - the presumption that the activities have a sexual or erotic meaning; Mutual definition - the assumption of a shared understanding by the participants that their activities are SM or a similar concept; Role playing - the participants assume roles either for the interaction or for the relationship that they recognize are not reality.  Weinberg, M.S., Williams, C.J., & Moser, C.A. (1984). "The social constituents of sadomasochism." Social Problems, 31, pg. 379-389.
By Susan Wright with contributions from Charles Moser, Ph.D., M.D. In the last decade, SM awareness has exploded into popular culture. SM is commonly depicted in advertising, books, movies, music, and is becoming commonplace on television. SM has been positively covered by Newsweek, Time, Ms. Magazine, the New York Times and many other national publications. SM fashion accessories have become commonplace, as have jokes about SM play. Yet separating the truth about SM from the stereotypes can be difficult. This article is an attempt to educate the public about sadomasochism (SM). The following are some answers about consensual SM that are supported by scientific research. TABLE OF CONTENTS SM is a Sexual Orientation or Behavior SM is Safe, Sane and Consensual SM is not Domestic Violence Seeking A Professional Should I Be Afraid of People Who Enjoy SM? How Many People Engage in SM Activities? More Information About SM Activities Appendix A  
A handful of significant sociological studies have been done to determine percentage of the population engages in SM activities. The 1990 Kinsey Institute New Report on Sex reports: "Researchers estimate that 5-10 percent of the U.S. population engages in sadomasochism for sexual pleasure on at least an occasional basis, with most incidents being either mild or stage activities involving no real pain or violence. Most often it is the receiver (the masochist), not the giver (the sadist), who sets and controls the exact type and extent of the couple's activities. It might also interest you to know that in many such heterosexual relationships, the so-called traditional sex roles are reversed -- with men playing the submissive or masochistic role. Sadomasochistic activities can also occur between homosexual couples." June M. Reinisch, Ph.D. with Ruth Beasley, M.L.S (1990). Kinsey Institute New Report on Sex, St. Martin's Press: pg. 162-163. A new Playboy poll by Dr. Marty Klein appeared in November, 1998, p. 81: 18% of the men and 20% of the women have used a blindfold during sex. 30% of the men and 32% of the women have tied someone up or have been tied up during sex. 49% of the men and 38% of the women have spanked or have been spanked as part of sex.  A survey by Hunt (1974) of 2,026 respondents found that: 4.8% of men and 2.1% percent of women had obtained sexual pleasure from inflicting pain and 2.5% of the men and 4.6% of the women obtained sexual pleasure from receiving pain.   These numbers are probably underestimates, because the erotic response to "pain" is only one aspect of SM. (M. Hunt, Sexual Behavior in the 1970s, Chicago: Playboy Press.) A mid-1970s independent research organization poll funded by Playboy surveyed 3,700 randomly selected students from 20 colleges found that 12% women and 18% of the men had indicated a willingness to try bondage or master-slave role-playing. (Playboy, "What's Really Happening on Campus", October 1976.) A survey by E. Hariton (1972) found that up to 49% of women fantasize about submissive scenarios during sexual intercourse with 14% doing so frequently. (E. Hariton, "Women's Fantasies During Sexual Intercourse with their Husbands: A Normative Study with Tests of Personality and Theoretical Models'" unpublished doctoral dissertation, City University of New York.) Paul H. Gebhard, is an anthropologist and was the executive director of the Institute for Sex Research at Indiana…
SM Related Legal Research Resources

SM Related Legal Research Resources

  • Conducting SM Related Legal Research

    It is extremely important for members of NCSF constituent communities to understand the laws that may affect us.  Overview 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. Knowing relevant laws will greatly assist our communities in safely organizing and maintaining SM-Leather-Fetish activities and functions. There are numerous laws, ordinances, and regulations at all levels of government - federal, state, regional, county and city. It's not easy to locate all of the laws that may affect us, but it's very important. You should make every attempt to thoroughly research your laws if your activities may come under the scrutiny of law enforcement or local authorities. In addition, NCSF recommends that thorough legal research should include consultation with a knowledgeable…






    Tags: Legal Legal Education
Jovanovic Case (Consent)

Jovanovic Case (Consent)

  • Affidavit of Susan Wright in Response to Affirmation in opposition to motion to file

    Affidavit of Susan Wright in Response to Affirmation in Opposition to Motion to File a Memorandum of Law Amicus Curiae   N.Y. Co. Ind. No 10938/96 Cal. No. 98-10474   1. I, Susan Wright, am the Executive Director of the National Coalition for Sexual Freedom (NCSF) .   2. I write this affidavit in response to the DA's Brief in Opposition to the NCSF request to file an Amicus Curia…






    Tags: Legal Case Curiae
  • Affirmation of Michael Thomas Fois in response to opposition to motion to file

    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 IN RESPONSE TO OPPOSITION OF THE DISTRICT ATTORNEY TO MOTION TO FILE A MEMORANDUM OF LAW AMICUS CURIA Michael Thomas Fois, an attorney admitted to practice in front of this Court, affirms and…






    Tags: Legal Case
  • Affirmation in opposition to motion to file

    AFFIRMATION IN OPPOSITION TO MOTION TO FILE A -against- MEMORANDUM OF LAW   AMICUS CURIAE   SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: FIRST DEPARTMENT ------------------------------------------------------ THE PEOPLE OF THE STATE OF NEW YORK Respondent, AFFIRMATION IN OPPOSITION TO MOTION TO FILE A -against- MEMORANDUM OF LAW AMICUS CURIAE OLIVER JOVANOVIC, N.Y. Co. Ind. No. 10938/96 Defendant-Appellant. Cal. No. 98-10474 ------------------------------------------------------   MARK DWYER, an attorney duly…






    Tags: Legal Case
  • Memorandum of Law of Amicus Curiae, NCSF

    MEMORANDUM OF LAW OF AMICUS CURIAE  NATIONAL COALITION FOR SEXUAL FREEDOM  SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: FIRST DEPARTMENT ------------------------------------------------------------------------------------------------XTHE PEOPLE OF THE STATE OF NEW YORK, Indictment No. Plaintiff-Respondent, 10938/96-against- OLIVER JOVANOVIC, Defendant-Appellant.------------------------------------------------------------------------------------------------X  MEMORANDUM OF LAW OF AMICUS CURIAE  NATIONAL COALITION FOR SEXUAL FREEDOM  PRELIMINARY STATEMENT   This brief is filed by the National Coalition for Sexual Freedom ("NCSF") as amicus curiae. Defendant Oliver Jovanovic…






    Tags: Legal Case
  • 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

To bring a SM-related legal case to our attention,
Contact Us by emailing ncsfreedom@ncsfreedom.org
or calling
(410) 539-4824.