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NCSF Steps Up for Detroit NCSF is there to help you when you need it. Just ask the Detroit BDSM community, who recently came under fire from a local news affiliate. The NBC Channel 4 Defenders were out to get a sensational story on Robert Bashara, whose wife was murdered in January, 2012. Since Bashara's BDSM activities had become public, the Defenders took concealed cameras in to a local BDSM party to take photographs of people while they were playing. Dateline NBC was going to air a show later that week about Bashara that included his BDSM activities, so there was no possibility of killing the story. The situation was further acerbated by a member of the local community who gave an interview to the news stating that she had seen Bashara at one of the local BDSM parties at the VFW Hall in Lincoln Park. The morning of Tuesday, May 8th, NCSF started receiving phone calls from people who were recognizable in the promotional clip. The story was going to air at 11pm that night. NCSF Spokesperson Susan Wright immediately contacted the news station to convince them to adequately blur the images of the people they had photographed without permission. She also coordinated a write-in campaign from those who were recognizable, and communicated directly with several dozen local community members and leaders. The added pressure of outraged letters from the community convinced the reporters to include positive sound bites about BDSM that Susan provided. They also changed the title of the piece from "Dungeons of Debauchery" to "Bob Bashara's Alternative Lifestyle." The images that were recognizable were removed from the website and the promotional clips that were released later in the day were much more blurred. The news segment also contained images that were unrecognizable. The following week, on May 19th, NCSF hosted a full day's schedule of events at the VFW in Lincoln Park. NCSF Chairperson Leigha Fleming ran town hall style meeting for the local BDSM community leadership from 2pm-4pm. The leadership of more than 20 groups was represented. Leigha gave NCSF's workshop on how to protect your groups/events for local community leaders. From 4-6 PM an open town hall for everyone in the community was held so people could get their questions answered and discuss ways to further protect the BDSM community and to promote education of those outside our community. Leigha also gave the NCSF…
At the recent PANTHEON OF LEATHER XX awards held August 15th in Los Angeles, the NCSF received the award for "Large Non Profit Organization of the Year".  Yay NCSF! Full list of Pantheon of Leather XX Award Recipients  
  For more information and current press releases.                 S&M! Lewd Ken dolls! Worhington's wild weekend. The Other Paper (Columbus, Ohio) February, 12, 2009 Despite Right Wing Pressure, Straight BDSM Gathering Goes Forward The Boston Edge February 10, 2009 Interview with Susan Wright, Spokesperson for the National Coalition for Sexual Freedom Kasidie Magazine October 2008 Shrinks: Kinky Sex is a Mental Disorder Mom Logic September, 19, 2008   For some, Gitmo interrogation techniques are a real turn-on New Jersey Star-Ledger August 2008   Leather Scene Not as Gay as Imagined: Many gay folk in the bondage S/M scene relate more to the leather community than the LGBT community By Bill Schoell NY Blade August 08, 2008 Man on video in R. Kelly trial: He did what? By Rex W. Huppke Chicago Tribune June 8, 2008     Daddy do-right; The Sexies Awards By Dan Savage Detroit Metro Times March 5, 2008   Death shines light on dangers of sex play By Carly Weeks Globe and Mail February 28, 2008   Bound and Flagged: Members of Seattle kink community face discrimination in custody battles By Jason Simms The Stranger February 21, 2007 When three's no crowd By Rachel Breitman Gay City News October 25, 2007    Media, critics get whipped into frenzy by Leather Fest By Jefferson Siegel and Lincoln Anderson The Villager (NYC) October 10 - 16, 2007    Pollard denied access to papers; Justices refuse to hear appeal By Guy Taylor The Washington Times March 21, 2006 Arts Briefly: Justices reject photographer's appeal By Ben Sisario New York Times March 21, 2006    Foes of Anti-porn Law Prep Appeal To Supreme Court By Fresia Rodriguez Cadavid Technology Daily August 22, 2005   Spanking Jessica Cutler: Capitol Hill attorney sues Washingtonienne for exposing his kinks By Rachel Kramer Bussel Village Voice May 31, 2005  Nothing wrong with sex UCLA Daily Bruin Feb 14, 2005    Waltham sex boutique aims to attract couples By Joshua Myerov Boston Globe October 14, 2004 Sex, art & politics takes on John Ashcroft By Susan Wright San Francisco Bay Area Indymedia August 30, 2004  Iowa State U.: Iowa State Board of Regents next to receive Cuffs appeal. By Morris L. Manning The America's Intelligence Wire June 1, 2004    Iowa State U.: Members of Iowa State U. bondage group appeal assault verdict By Tom Barton The America's Intelligence Wire May 3, 2004   East Carolina U.: Club focusing on fringe sexuality denied East Carolina U. association. The America's…
NCSF Condemns the Atlanta Police Department's Raid on the Eagle September 15, 2009 - On September 10th, the Atlanta Eagle was raided by local police who used excessive force and voiced anti-gay slurs while handcuffing 62 patrons and 8 employees, forcing them to lie face-down on the floor for over an hour. The strong use of force included the presence of the "Red Dog unit" which typically deals with crimes such as gang violence. Atlanta Police Chief Richard Pennington held a press conference yesterday afternoon stating that the gay leather bar was raided because of anonymous complaints that came through the mayor's office. One undercover officer stated in a September 11th report following the raid that it was the "conclusion of a several week investigation involving indecency and the club was providing adult entertainment without the proper permits to do so." "It's a clear violation of the civil rights of those who were detained without cause," says Susan Wright, NCSF Spokesperson. "Instead of making an arrest at the time of the alleged offense, the Atlanta vice squad spent many hundreds of thousands of dollars in taxpayer's money to raid the gay leather bar and persecute Atlanta citizens."  NCSF demands a full probe into the alleged misconduct and the allocation of resources by the Atlanta police department. NCSF also joins state and local representatives in urging anyone present the night of the arrests to step forward and file a formal complaint. Please contact NCSF for additional assistance to ensure that this matter is investigated in an open process. A rally on Sunday at the Eagle drew a large presence in support of the victims by the LGBT community. Another rally is tentatively scheduled for Saturday, September 19, 2009. The National Coalition for Sexual Freedom (NCSF) is committed to creating a political, legal, and social environment in the United States that advances the equal rights of consenting adults who practice forms of alternative sexual and relationship expression. NCSF advances the rights and advocates for consenting adults in the SM-Leather-Fetish, swing, and polyamory communities. We pursue our vision through direct services, education, advocacy, and outreach in conjunction with our partner organizations to directly benefit these communities. To contact our media spokesperson, Susan Wright, (917) 848-6544 To contact our office directly: (410) 539-4824
NCSF Statement on Professional Dominatrices in New York February 11, 2009  NCSF has been contacted by over a dozen concerned members of the BDSM community in New York about the arrests of dozens of professional Dominatrices in Manhattan that started in early 2008. The pro-Domme community in New York City, which has been a vibrant part of the BDSM community for decades, has been ravaged by these prosecutions for prostitution and for promoting prostitution, resulting in the closure of a number of pro-Domme houses.   NCSF contacted the Manhattan DA's office in order to clarify what sort of "for-pay" BDSM activities are considered legal in New York State. On February 5th, Susan Wright, along with outside counsel, met with ADA Leroy Frazer and Lisa Friel, head of the Sex Crimes Unit, to get their legal opinion.   Pro-Dommes have traditionally considered their BDSM-for-pay to be legal. One case decided by a local misdemeanor court, People v. Georgia A., 163 Misc.2d 634 (Crim. Ct. Kings Co. 1994), supports this position, holding that "sado-masochistic acts such as domination, foot licking, spanking and submission" are not "sexual conduct" prohibited by the prostitution statute. However, that decision is not binding even on other misdemeanor courts, and Ms. Friel described it as "not worth the paper it was written on." Also, as stated in Georgia A.:   "The term sexual conduct is not defined in the statute but has since been described in various cases. That conduct includes acts of masturbation, homosexuality, sexual intercourse, or physical contact of the person's clothed or unclothed genitals, buttocks or a woman's breast. ( People v Block, 71 Misc 2d 714 [1972].)"  According to ADA Frazer, their office does not make prosecution of pro-Dommes a priority. However, according to their interpretation of the law, any form of "payment in exchange for touching in an intimate place either over clothing or nude" would constitute prostitution. This includes any touching of the genitals, anus, and breasts. Under Georgia A, certain BDSM activities such as humiliation, role-play, foot worship, D/s, service activities, and bondage were found to be exempt from the prostitution statute, as long as no other sexual activities were involved.  Ms. Friel opined Georgia A is based on a misunderstanding of the scope of the prostitution statute and that "sexual conduct" should be defined as what is arousing to the participants, not what is arousing to the outside "vanilla" observer. Therefore, activities such as…
FOR IMMEDIATE RELEASE Contact: Susan Wright, 917-848-6544 or Miriam Axel-Lute, This e-mail address is being protected from spambots. You need JavaScript enabled to view it For more details: www.sexies.org 2008 Sex-Positive Journalism Awards Now Seeking EntriesNationally known journalists and sex-positive advocates to judge "Sexies" November 5, 2007 - To hear some people tell it, all of "the media" is a degenerate, sex-drenched affair. But although there's plenty of talk about the sex lives of celebrities and a willingness to use a scandal to sell a paper, when you get into the content of actual news stories, things often take a turn for the Puritanical: Soccer moms' fabricated allegations about kids being exposed to nudity in a hotel hosting a swingers conference get printed as fact and never retracted. Religious minorities are assumed to speak for all religious Americans, or even all Americans, when it comes to whether "abstinence" should be the teen sex-ed gold standard. Usual standards of fairness and objectivity fall prey to reporters and editors' squeamishness. In response to this state of affairs, the National Coalition for Sexual Freedom, the Center for Sex and Culture, Babeland, and journalist Miriam Axel-Lute are launching the 2008 Sex-Positive Journalism Awards (the "Sexies") to promote fair, accurate, and non-sensationalized coverage of sexual topics. The awards are currently accepting entries that meet both high journalistic standards and the Sexies awards criteria (attached below). "For the past decade, the National Coalition for Sexual Freedom has dealt with media reports that include sensationalized and false information about sexual issues," says Susan Wright, NCSF spokesperson. "These articles cause harm by encouraging discrimination and persecution of adults who engage in consensual sexual expression. NCSF is proud to support the Sexies and sex-positive journalism in America." "The media's frequent failure to apply balanced journalistic standards to sex-related topics affects real people's lives," says Carol Queen, PhD, co-founder of the Center for Sex and Culture. "A sensationalistic perspective can turn neighbors against each other or make it hard for someone accused of a sex-related offense to get a fair trial. It also means that too many of us worry about whether we're 'normal,' and don't realize there are sex-positive communities, sources of information, and professionals out there. Just as in the political arena, when the press does not do its job, there is real fallout." The winners of the Sex-Positive Journalism Awards will be chosen by an outstanding panel of judges, who have expertise in both journalism and sex-positive advocacy: Dan Savage, author…
NCSF is proud to produce a limited supply of 10th Anniversary pins. Only a 100 of these specially designed 10th Anniversary pins will be produced, and they're already selling fast!   Are you a pin collector?   Do you wear your leather vest proudly, showing off your many club affiliations?   Then you MUST have this very special pin.      
August 27, 2007 - NCSF proud to be the only group in the country with a national mission committed to changing the political, legal and social environment for those involved with the BDSM, swinging and polyamory communities. NCSF's six programs have directly helped thousands of practitioners, businesses and groups. Four of NCSF's programs began with the founding of NCSF in 1997: the Media Outreach Project, Media Updates, Incident Response, and the Legal Advocacy program. NCSF's Incident Response team is directed by Leigha Fleming. Over 700 individuals, groups, attorneys, prosecutors, and businesses contact NCSF for help every year because of persecution or discrimination. NCSF assisted both International Mr. Leather and Kink.com this year, continuing its decade-long practice of fighting religious political extremists and performing outreach to local communities and authorities. NCSF's Media Outreach Program provides sound bites and tactics for anyone dealing with the media. Spokesperson Susan Wright regularly gives media trainings and conducts over 60 interviews every year, influencing the coverage of alternative sexuality issues. The NCSF Media Updates, created by Keith Richie, feature articles about BDSM, swinging and polyamory, and provides contact information to write letters to the editor in order to influence how editorial decisions are made in the future. NCSF's Legal Advocacy team is led by John, with pro bono lawyers researching current laws and creating Amicus Briefs to submit to courts in cases involving obscenity prosecutions, "consent is not a defense to assault", and right to freedom of assembly. NCSF's Communications Decency Act lawsuit with Barbara Nitke made history by challenging the Miller standard of obscenity as it applies to the Internet. NCSF took custody of their newest program, the Kink Aware Professionals (KAP) free referral list, from Race Bannon in 2006. NCSF created a new KAP brochure and is actively recruiting additional psychotherapeutic, medical, and legal professionals who are knowledgeable about and sensitive to diverse expressions of sexuality. The Education Outreach Program (EOP) is run under the Institute for 21st Century Relationships: The Foundation of NCSF. ITCR supports the freedom of consenting adults to discover and to practice the intimate relationship structure that best meets their emotional and human needs. The EOP is designed to educate law enforcement officials, and to educate constituents about the risks of selective enforcement and how to minimize the risk of becoming a target. NCSF has published a number of pieces of literature for this program and has trained a…
A letter from NCSF to the swing club community explaining why NCSF is important to your issues, and how we are furthering those goals. Written and signed by NCSF Board member Doug Wilson. April 27, 2007 Dear Club Owners, I am writing to you on behalf of the lifestyle organizations and businesses affiliated with the National Coalition for Sexual Freedom (NCSF). I am writing to urge you to join the National Coalition for Sexual Freedom (NCSF). Here’s why. The last decade has brought about some major changes in society. The Internet has made access to all alternative lifestyles, including the swing lifestyle and its venues much easier and the numbers of participants has been growing steadily. Our lifestyle is emerging into the public consciousness. How we are perceived during this critical time will affect how the public in general, and legislatures and law enforcement in particular, relate to us for a long time. We need the kind of professional advocacy that NCSF can provide. And if we don’t have it, we will continue to be at risk. Local authorities.  We need NCSF because there are still very negative attitudes towards us by local authorities in many communities around the country. Occasionally participants, club owners, managers, etc… are arrested and their names are put in the paper, and their careers and personal lives are ruined. One of the things NCSF does best is to approach such communities proactively, when trouble is coming but before it has arrived, to persuade the authorities that their actions are either improper or overzealous. NCSF also helps in dealing with the aftermath of such situations.  Legislatures.  The FCC has raised fines for violations of its decency code, and we’ve all read about the huge fines imposed on Howard Stern and on the broadcasters of Janet Jackson’s “costume failure.” The “Phoenix ordinance” which would prohibit any on-premise sexual activity is still circulating in various cities, and is a potential threat wherever people share sex, even in private residences. Proposals for tightening “lewd and lascivious” laws are another threat. It will be difficult to predict all of the threats that will come at us, but the odds are there will be some major ones. Whether in a city council, a government agency, a state legislature, or the Congress of the United States, NCSF needs to be there advocating for the interests of alternative lifestyles. National image.  In recent…
November 11, 2006 - Next week the NCSF and ITCR will be represented at the 19th Annual "Creating Change" conference, the largest annual convening of LGBT activists in North America! This groundbreaking conference works to provide LGBT activists and their allies with the information, tools and technical assistance necessary to successfully mobilize our local communities, to combat homophobia and to strengthen our political power in the fight to preserve sexual freedom.   FOR IMMEDIATE RELEASE Creating Change Conference Kansas City, MO Wednesday November 8 b Sunday November 12, 2006 Has Your Voice Been Heard?? Next week the NCSF and ITCR will be represented at the 19th Annual "Creating Change" conference, the largest annual convening of LGBT activists in North America! This groundbreaking conference works to provide LGBT activists and their allies with the information, tools and technical assistance necessary to successfully mobilize our local communities, to combat homophobia and to strengthen our political power in the fight to preserve sexual freedom. Why should you join us? For an incredible weekend filled with educational workshops, capacity building sessions, community-based caucuses, networking opportunities and fun social gatherings that promote a collaborative and issue-based approach to social justice organizing. Make sure that YOUR VOICE IS HEARD in the dialogue about public policy, human rights, same-sex marriage, hate crimes legislation, sexual health education, employment discrimination and coalition-building in movements for social justice. With four days of hands-on and discussion based programming, you’ll be sure to walk away from the weekend with your head spinning, your batteries recharged and your passion for activism renewed. Classes of interest to our constituency base can be found in (and beyond) an entire "topic area" dedicated to issues of and pertaining to Sexual Freedom, Sexual Politics and Leather, and include: - Hot Fantasies and Political Nightmares: A Leather Community Primer - A Dialogue with Youth: Talking about Sex and Sexual Freedom - Understanding Sexual Freedom as an LGBTQI or Leather Political Leader - Building a Progressive Queer Movement in the Time of the Right - Talking about Sex in the Disabled Community - Sex, Sexuality and Spirituality for Communities of Color - Public Pillow Talk - Sexual Freedom as a Fundamental Human Right - Talking about Sex with Bisexuals - It's About Gay Sex: Strategies for Working With A Radical Right Obsessed With Gay Sex Practices - Effective Defense/Creative Offense: Mastering The Legislative Process - Polyamory/Non-Monogamy Caucus - Sash…
FOR IMMEDIATE RELEASE National Coalition for Sexual Freedom NCSF adopts Kink Aware Professionals February 10, 2006 - Race Bannon and NCSF announce the transfer of management of Kink Aware Professionals to NCSF. The National Coalition of Sexual Freedom is proud to continue and grow the Kink Aware Professionals program which was founded and has been managed by Race Bannon for many years. To find a Kink Aware professional, go to: www.ncsfreedom.org and click on “Resources” then Kink-Aware Professionals. "I'm glad Kink Aware Professionals is safely in the hands of an organization that has already proven to serve our communities well," said Race Bannon. "With the acquisition of the KAP web site NCSF continues to prove that they're always looking for additional ways to help us all pursue the sex life of our choosing." NCSF's mission includes education and outreach to the medical, psychological and legal communities. By building a network of sexually aware professionals we can both support the professionals who respect our values as well as encourage other professionals to learn about our issues. "An extension of that mission," said NCSF Chairperson Vivienne Kramer, "is helping our members and the community at large find competent legal, psychological, and medical services from professionals who are aware of their adult expressions of sexual freedom, and not only donbt hold it against them, but can help with the special issues and needs that our actions entail." One might ask why a Kink Aware Professional is needed as opposed to your "normal" professional. There are many circumstances where a doctor or therapist might misdiagnose a patient who has bruises as an abuse victim and then be legally required to fulfill police reporting requirements. Likewise, a lawyer working on a divorce or child custody case might need an understanding of a master/slave dynamic, or a swinging relationship, in order to correctly handle these issues. There are still doctors who believe gays should be "cured" and that an interest in sadomasochism is in and of itself, pathological. Likewise polyamorists who seek relationship counseling from unaware counselors sometimes get lectured, judged, and misdiagnosed as sexually and emotionally immature, neurotically fearful of commitment, or sexually addicted. While many doctors, lawyers, etc. may have passing knowledge of alternative forms of sexual expression, their education is often incomplete. A patient dealing with a difficult life situation deserves a professional who is well versed with the issues that arise from…
NEW YORK CITY (December 11, 2001) The National Coalition for Sexual Freedom (NCSF), a national civil liberties organization, and Barbara Nitke, an acclaimed New York City artist who operates her own Web site (www.BarbaraNitke.com), today filed a court challenge that aims to overturn the last remaining Internet censorship provision of the flawed Communications Decency Act.
WASHINGTON, DC (February 14, 2002) The National Coalition for Sexual Freedom (NCSF), a national organization committed to protecting freedom of sexual expression among consenting adults, today a launched a new initiative that provides support to sexual minority groups under attack by radical right wing groups.
On July 10, 2002, the opening reception of Barbara Nitke: Twenty Years was attended by 300 people at Art @ Large. The Nitke show can be viewed until August 3rd at Art @ Large, 630 Ninth Ave, No. 707, New York, NY. On July 10, 2002, the opening reception of Barbara Nitke: Twenty Years was attended by 300 people at Art @ Large. The Nitke show can be viewed until August 3rd at Art @ Large, 630 Ninth Ave, No. 707, New York, NY. The exhibit coincides with the filing for a preliminary injunction in the Barbara Nitke and the National Coalition for Sexual Freedom vs. John Ashcroft, a landmark lawsuit that seeks to overturn the federal law limiting free speech on the Internet. The lawsuit claims that the Communication Decency Act's definition of obscenity is so broad and vague that it inhibits the discussion of sexual issues on the Internet among adults. "My show "Twenty Years" is an exploration of sexual relationship and desire which began on the sets of porn movies in the early eighties, and has focused for the last decade on a loving view of SM," says Nitke, who filed the lawsuit because she is concerned her photographs could be deemed illegal under the law. "I think that adults who want to see my Web site should have the right to visit and look at it." Hailed by The Village Voice for her quest "to find humanity in marginal sex," Nitke has gained worldwide attention for her powerful photographs chronicling relationships between consenting adults engaged in sadomasochistic activities. A professional photographer since 1982, Nitke is president of The Camera Club of New York and serves on the faculty of the New York School of Visual Arts. She operates a Web site (www.barbaranitke.com), which showcases her photographs. "We've chosen to feature Barbara's photographs for the trust they evoke, the desire they express, and the beauty they convey," stated Pet Silvia, manager, Art @ Large. "For an artist to stand in the public eye, with her legal name, and challenge an unconstitutional law, takes a nerve and tenacity not often witnessed in a lifetime." Art @ Large Summer Hours: Tues - Fri: 1 - 6pm Weekends by Appointment 630 Ninth Ave, No. 707, New York NY Photographs of the opening available on request. Contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it A Project of NCSF and NCSF Foundation, Inc.
September 30, 2002 - Responding to concerns that it was prohibiting franchisees from hosting events for "sadomasochism enthusiasts," the Cendant Corporation Hotel Group, the world's largest hotel franchisor, has assured the National Coalition for Sexual Freedom that it will honor the right of franchisees to host the events of their choice.
The religious extremist organization, Concerned Women for America, continues to attack hotels that host SM events. CWA has a petition up now targeting IML that will be sent to their host hotels (CWA Petition). An NCSF volunteer has kindly offered to head up the NCSF Hotel Outreach Project to counter their sensationalized rhetoric by gathering data and supporting evidence that SM events aren't dangerous and can be profitable for businesses. We need you to contact your host hotel now!
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

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