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Activist Resources

Media coverage plays a large part in defining public perceptions toward alternative sexual expression. You and your organization can help shape media attitudes by speaking to the press about sexual issues that concern consenting adults.

For additional information, contact Susan Wright at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or call 917-848-6544 

A detailed look at effective techniques to get your points across regarding the polyamory community. Usually there is no graceful way to segue into a sound bite. That's fine, reporters are used to nonsensical conversations when they give interviews. Whatever the question, respond with one of your sound bites. Repeat these sound bites over and over. Out of a 1/2 long interview, you will be on the air for about 10 seconds or quoted once or twice in a newspaper. So don't ad lib. Keep repeating these sound bites below, as well as any sound bites you and your organization agree to provide to the media about your event or local group. You don't have to get all these in, sometimes it's best to pick a few and keep repeating them in different ways.   General Sound Bites on Polyamory   Polyamory is the desire for and conduct of responsible, non-monogamous, consensual, romantic relationships with more than one partner. Polyamory is different from cheating because of the honest communication between partners and lovers about their relationships.   Polys say theirs is a relationship orientation and an aspect of personal identity just as monogamy is a relationship orientation and an aspect of personal identity for others, whether they are involved with anyone at a particular time or not.   Poly relationships take many forms. They may be open relationships where a two primary partners agree to have relationships outside their committed primary relationship, or they may be group relationships consisting of three or more people. Some group relationships are cohabitating relationships, others are not.   Poly relationships are formed between adults of all ages, races, genders and sexual orientations.   Polys focus on love, commitment and family just as monogamous people do.   Millions of Americans are looking for ways to spice up their sexual and emotional lives and get more of their needs met than is possible for them through traditional monogamy. The polyamorous lovestyle can be a consensual, safe, and gratifying way to strengthen healthy, caring, committed relationships and realize a greater abundance of love and companionship for all concerned.   Poly families often have more assets to support their families. More adults in the family means more income, less housing cost, and more help with child care and household chores. If a partner is ill or elderly, there are more adults available to help care for them.  …
Our legislators work for us. They want to know what we think about issues on the local, state, and national level. You can always write letters and should but actually meeting with your elected official is easier than you think.   Our legislators work for us. They want to know what we think about issues on the local, state, and national level. You can always write letters and should but actually meeting with your elected official is easier than you think.   What is a lobby visit?   A lobby visit is a meeting where you tell your elected representative what you think about a certain issue or bill. Whether it is a City Council Member or your Congressional Representative, as one of their constituents you can ask them to take action on an issue or legislation. You can find the office of your local and national elected officials in your area. Some Members of Congress have more than one office in their congressional district, and permanent staff members are usually available for you to meet with.   Requesting Your Meeting   Make your request in writing and follow up with a call to the Appointment Secretary/Scheduler.   Suggest specific times and dates for your meeting   Let them know what issue or legislation you wish to discuss.   Make sure they know that you are a constituent. Prepare for Your Meeting   Contact the NCSF to help you decide on your talking points, and get information that you can leave with your elected official.   Decide who will attend the meeting. Bringing more than four or five people can be hard to manage   Agree on talking points. Your goal is to make a strong case for your position, so don't disagree in the meeting. If a point is causing tension in the group, leave it out   Plan out your meeting keeping in mind that time is limited. Decide who will start the conversation, and which points each person will make   Decide what you want achieve. Do you want your elected official to vote for or against a bill? Do you want them to support your issue or oppose a restrictive ordinance? Ask them to do something specific.   During the Meeting   Be prompt and patient. Elected officials run on very tight schedules.   Keep it short and focused. You will have twenty minutes or less…
Guidelines intended to help law enforcement and social services professionals understand the difference between abusive relationships vs. SM. Drafted in 1998 at the second Leather Leadership Conference.   The following Principles and Guidelines are intended to help law enforcement and social services professionals understand the difference between abusive relationships vs. consensual sadomasochism (SM). SM includes a broad and complex group of behaviors between consenting adults involving the consensual exchange of power, and the giving and receiving of intense erotic sensation and/or mental discipline.   SM includes: "intimate activities within the scope of informed consent that is freely given."   Abuse is: "Physical, sexual or emotional acts inflicted on a person without their informed and freely given consent."   Principles   The SM-Leather-Fetish communities recognize the phrase "Safe, Sane, Consensual" as the best brief summary of principles guiding SM practices:   Safe is being knowledgeable about the techniques and safety concerns involved in what you are doing, and acting in accordance with that knowledge.   Sane is knowing the difference between fantasy and reality, and acting in accordance with that knowledge.   Consensual is respecting the limits imposed by each participant at all times. One of the recognized ways to maintain limits is through a "safeword" which ensures that each participant can end his/her participation with a word or gesture.   Guidelines Informed consent must be judged by balancing the following criteria for each encounter at the time the acts occurred:   Was informed consent expressly denied or withdrawn? Were there factors that negated the informed consent? What is the relationship of the participants? What was the nature of the activity? What was the intent of the accused abuser? Whether an individual's role is top/dominant or bottom/submissive, they could be suffering abuse if they answer no to any of the following questions: Are your needs and limits respected? Is your relationship built on honesty, trust, and respect? Are you able to express feelings of guilt or jealousy or unhappiness? Can you function in everyday life? Can you refuse to do illegal activities? Can you insist on safe sex practices? Can you choose to interact freely with others outside of your relationship? Can you leave the situation without fearing that you will be harmed, or fearing the other participant(s) will harm themselves? Can you choose to exercise self-determination with money, employment, and life decisions? Do you feel free to discuss your practices…
Guidelines for how to discuss the subject of sex with the news media. This document offers some simple suggestions on approaches to discussing sex, particularly as it relates to common situations that the executive directors of activist organizations may encounter. It was prepared with input from executive directors about issues affecting them and those knowledgeable about how to deal with GLBT issues surrounding sex effectively.   General Techniques That Work Effectively:   First, in any situation, it is important to gauge the "intent" of the individual making the comment or asking the question. Is this an ultra-conservative publication, reporter, or politician, or is it someone who is sympathetic to the issues? Be proactive about introducing the subject first or bringing up "onerous" topics once the subject has been introduced into conversation and it seems likely that the other party is moving to "attack". This takes away the "shock value" the other party has in introducing the topic in an inflammatory manner first. Simply stated, "The best defense is a good offense." Using direct, confrontational responses to insensitive and inappropriate comments or attacks related to sex and/or sexuality. This is usually best done in an "off the record" conversation with media (when possible, of course), or by taking the conversation "off-line for a minute" with politicians and others. Making the other party feel "small" or embarrassing them for trivializing or minimizing issues of civil rights by sensationalizing sex. This technique is particularly effective in public speaking or live media situations involving inappropriate comments, jokes or attacks. Disputing the incorrect and faulty research used by the radical right to perpetuate myths. Be very comfortable talking about issues of sex and sexuality and maintain a sense of confidence and sense of humor, which is often helpful in a public discourse on sex.   Suggestions on What to Say About Sex   The pluralist argument: Americans take a pluralistic stance in religious and political choices. We say we believe that each religion has a right to its way of practicing its faith and that each political party has a right to its specific platform and legislative goals. You may think one religion or party is better than another is, but you would never try to have your choice taught in the public schools and imposed by law on everyone. Such a pluralistic approach is considered a fundamental part of our constitutional rights in this…
A detailed look at this effective technique to get your point across. Usually there is no graceful way to segue into a sound bite. That's fine, reporters are used to nonsensical conversations when they give interviews. Whatever the question, respond with one of your sound bites. Repeat these sound bites over and over. Out of a 1/2 long interview, you will be on the air for about 10 seconds or quoted once or twice in a newspaper. So don't ad lib. Keep repeating these sound bites below, as well as any sound bites you and your organization agree to provide to the media about your event or local group. You don't have to get all these in, sometimes it's best to pick a few and keep repeating them in different ways.   General Soundbites about Swinging People involved in swinging in general are better educated about safe sex and sexual responsibility. Often these social events have educational components about consent, communication, as well as safe sex education.   Millions of Americans are looking for a way to add a bit more spice to their sex life. The Lifestyle can be a consensual, safe, and fun way to strengthen and build healthy, caring relationships.   Most adults who engage in swinging keep their sexual practices private. Unfortunately these people have experienced persecution, and even discrimination and child custody challenges because of the way they express their sexuality.   The fact is that millions of Americans engage in swinging, and it is National Coalition for Sexual Freedom's mission to make sure that they can do so, without fear of harassment, violence, or discrimination.   You really have to wonder what motivates people who would go to such extraordinary lengths to sensationalize someone else's private life. It's obvious that sex makes some people uncomfortable, and we think that these people should deal with their own issues.   Lifestyle Clubs As long as it's consenting adults in a private space, it is no one else's business.   This is not about sex, this is about a threat to our most basic constitutional rights - freedom of assembly and the right to privacy. (The 1st and 9th Amendments - the 9th grants freedom not specified, and numerous court cases in the past 40 years, including Lawrence v. Texas have confirmed an individual's right to privacy)   If one group can shut down a private, legal…
A detailed look at this effective technique to get your point across to the media. Usually there is no graceful way to segue into a sound bite. That's fine, reporters are used to nonsensical conversations when they give interviews. Whatever the question, respond with one of your sound bites. Repeat these sound bites over and over. Out of a 1/2 long interview, you will be on the air for about 10 seconds, which is usually one or two of your sound bites. Or you get one quote in an article. So don't ad lib. Keep repeating these sound bites below, as well as any sound bites you and your organization agree to provide to the media on local issues. You don't have to get all these in, sometimes it's best to pick a few and keep repeating them in different ways.   Safe, Sane and Consensual This is a must! Say it over and over and over like a mantra. "Over fifteen years ago, a community-wide ethic was established known as "safe, sane and consensual". This credo has permeated SM literature and lore far beyond the subculture of the organized community." Or "We constantly discuss issues of consent, which are the basis of safe, sane and consensual sexual education."   If They Want Specific Definitions: "Safe" is being knowledgeable about what you are doing. Each participant must be informed about the possible risks, both mentally and physically. "Sane" is knowing the difference between fantasy and reality. Knowledgeable consent cannot be given by a child, or if you are under the influence of drugs or alcohol. "Consensual" is respecting the limits imposed by each participant. One of the most easily recognized ways to maintain limits is through a "safeword" - in which the bottom/submissive can withdraw consent at any time with a single word or gesture. The Need for Educational and Social SM Gatherings It's important to emphasize the contributions our educational and social groups make to society. We teach people how to do SM safely and consensually, and that takes hands-on instruction and community discussion. Say, "Our group has existed for 10 years as an educational and social group, teaching people how to do SM safely and consensually." Say, "Our group is only one of over 500 educational and social organizations that exist in America for SM-Leather-Fetish practitioners." Or "Like the gay and lesbian community in the 1960's, the people…
You don't have to answer the interviewer's exact question. You rarely see the question in TV or print interviews, only the response. So feel free to pick out one word or phrase in the question and respond to that. For example, if they ask, "What do you think when people say you're eroticizing violence?" give one of your sound-bites: "Safe, sane and consensual sexual expression is not violence because at any time the participants can stop what's happening." For example, if they ask, "What does your husband think about you cheating on him?" give one of your soundbites:   Don't repeat nasty or inflammatory phrases. See the above question - and don't repeat, "SM isn't eroticizing violence because..." or "Swinging is not cheating..." That makes their point for them.   Universalize the questions. If the reporter says something like, "You people who beat each other up..." or "You people who have sex with other people..." then respond with, "We, like you and everyone else in America, believe we have First Amendment rights to express our sexuality in any way that is safe and consensual."   Use standard terms rather than "scene" language. If you start saying "scene" and "munch" and "leather" and "vanilla" and "top" and "bottom" etc. then people won't understand you. Use vanilla terms as much as possible, or very rarely use terms and define them as you use them. ie "The top, that is the person giving the stimulation, must respect limits."   Keep repeating your sound bites. It doesn't make for a stimulating conversation, but that's the way professionals get their point across. The reporter will ask their question several times, trying to get you to expand on what you're saying, to get a more sensational quote. Just be firm and keep repeating your point. They will respect you for it, and will print the sound bites you give them. Check out our recommended sound bites for the SM, swing and polyamory communities.   Flag your sound bites. This is done by saying, "The most important thing to remember is that sadomasochists educate each other about safe, sane and consensual sexual practices." Or "A key part of having engaging in polyamory is communication prior in order to negotiate both partner's limits and desires."   Don't do anything sexual on camera. In this case, a picture is NOT worth a thousand words. Don't let reporters take pictures of your…
Guidelines for making your letter to the editor a powerful advocacy tool! It's easier than you think! Why should I write a letter to the editor? Letters to the editor are an effective way to convey a positive image of alternate sexual practices such as SM, polyamory and swinging. Letters help to de-stigmatize negative social myths and misconceptions about these types of practices. These letters help achieve the advocacy goals of NCSF because they: Reach a large audience Are monitored regularly by elected officials Can introduce new information not addressed in a news article Foster an impression that there is widespread support for or opposition to an issue We also suggest that you send copies of letters that you write to members of Congress to your local newspaper editors. These letters are often published to highlight a specific issue in the editorial section. Tips on Writing Letters to the Editor Keep your letter short and on one subject. Newspapers typically have strict space limits for the editorial section and limited space. Keeping your letter short helps your chances of getting the letter published in its entirety, without important points being edited by the newspaper.   Make sure your letter is legible and words are spelled correctly. Your letter may be simple and short, but make sure that spelling is correct and handwriting (if typing or WP in not used) is legible.   Include your contact information. Newspapers sometimes call to verify a person's identity or address and will usually only publish letters with complete names and addresses. It is recommended that you also include a telephone number, if possible. Newspapers keep this information confidential and usually publish the person's name and city only.   Reference the publication and article. Many newspapers only print letters referencing a specific article. Include the specifics such as "As a concerned resident of Baltimore, I am writing in reference to your article in the latest issue of (insert publication name), dated July 23rd titled "SM and the Law."   Describe what you liked or didn't like about the article. NCSF sometimes includes a recommended response on important topics stating our position, which can be easily tailored to fit your personal use.   Personalize your opinion with the news article. Use examples that reference your own experience. Examples are: "As someone who has experienced job discrimination because of my alternative sexual practices, I feel strongly that·",…
In light of recent attacks by religious and political extremists, here are some suggested guidelines for protecting your event and attendees, including website issues, spokesperson training, and community response to an incident. NCSF Suggested Guidelines There are many considerations organizers must contend with when planning a large event. Large events include educational and social conferences, leather contests, weekend play parties, vendor markets, and club runs. In light of recent attacks by religious and political extremists, here are some suggested guidelines for protecting your event and attendees.   BEFORE YOUR EVENT NCSF recommends that you do outreach to local law enforcement. We can not stress enough the importance of doing so. There is no way to fly under the radar if you are hosting an event with a few hundred people that is being advertised over the Internet! Approach the Community Affairs Officer for the precinct in the jurisdiction where the event will be held. Law enforcement can tell you the local and state laws you must observe at your event. Make sure you investigate local and state obscenity laws. If you are hosting vendors at your event, you run the potential risk of violating state obscenity laws and/or state laws on certain items. Many states criminalize the sale of erotica that depicts bondage, sadomasochism, penetration or ejaculation. Additionally, many states also criminalize the sale of certain "toys" often found at event vendor fairs including throwing stars, certain styles of knives, police memorabilia (like badges or handcuffs) and so forth.   YOUR WEBSITE Many religious and political extremist organizations have made a point of gathering information from our own community websites before they attack educational and social events. This information then gets distorted, misquoted and often ends up in the larger media. The mainstream media exposure can be problematic for groups.   1. Be careful about the amount of detailed information you have on your website about your event. It may be prudent for your organization to restrict access to descriptions of classes and presenters to paid attendees or group members only.  2. Layer and password protect the website. Have pages with more information available to those who have registered and paid 3. Do not use explicit language in the areas the general public can gain access to. Do not use words like dungeon or bloodsports or torture because the mainstream doesn't realize that our definition of these words refer to…
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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