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Statistical Information

By Susan Wright The 2008 survey saw a total of 3,058 responses collected. Of those, 2,412 respondents resided in the United States (83.4%). Of the remaining 480 respondents, a total of over 42 other countries were represented. Where appropriate, the data is compared to the 1998 Violence & Discrimination Survey Against Sexual Minorities which collected over 1,000 responses to similar questions over the course of a year. The 1998 survey did not cover business or event-related experiences of harassment, nor did it ask about Internet experiences. The 2008 survey also included more questions about sexual activity and identity. Table 1. Gender 2008 1998 Women 51% 46% Men 45% 51% Transgender 5% 1% Intersexes 1% 2%   Table 2. Sexual Orientation 2008 1998 Heterosexual 41% 40% Bisexual 35% 36% Gay/lesbian 22% 22% Other 7% 4%   A total of 1,146 (37.5%) respondents indicated that they had either been discriminated against, had experienced some form of harassment or violence, or had some form of harassment or discrimination aimed at their BDSM-leather-fetish-related business. Of the respondents who reported some form of persecution, 476 (41.5%) identified as male 615 (53.7%) identified as female 9 (.8%) identified as intersexed 78 (6.8%) identified as transgendered (Sexual orientation, like gender, was a question which required some answer, but allowed respondents to choose as many as they felt might apply, so the percentage totals more than 100%.) Of the 1,146 respondents who indicated that they had either been discriminated against or had experienced some form of harassment or violence, 380 (33.2%) identified as heterosexual, 440 (38.4%) identified as bisexual 292 (25.5%) identified as gay or lesbian. 97 (8.5%) indicated that they identified in some other way from heterosexual, bisexual or gay/lesbian. (Sexual orientation, like gender, was a question which required some answer, but allowed respondents to choose as many as they felt might apply, so the percentage totals more than 100%.) The sexual orientation of respondents who were discriminated against or had experienced some form of harassment or violence is compared in Table 6.1 to the total percentage of respondents who identified their orientation. It is interesting to note that Gay/lesbian, Bisexual and Other respondents have slightly higher rates of persecution than their average percentage of total respondents, while Heterosexuals are less likely to be discriminated against. Table 3. Sexual Orientation and Discrimination Total Percent 2008 Respondents Percent Persecuted Gay/lesbian 22% 25.5% Bisexual 35% 38.4% Heterosexual 41% 33.2%…
  The 2008 Survey of Violence & Discrimination Against Sexual Minorities found significant discrimination and persecution against BDSM practitioners due to the social stigma attached to their sexual behavior. With over three thousand respondents, 37.5 percent indicated that they had either been discriminated against or experienced some form of harassment or violence. This survey addresses the gap in current knowledge by reporting data on the prevalence of violence and discrimination against BDSM and polyamory practitioners. The persecution of these individuals is conceptualized as a manifestation of sexual stigma, that is, society's negative regard for any non-heterosexual behavior, identity, relationship, or community.
by Female Trouble March 1994   Within the womenâs community, over half (56%) of the 539 lesbian and bisexual women surveyed experienced discrimination, harassment, or physical assault from other women because of their participation in consensual s/m. This survey only dealt with the discrimination or violence occurring within the lesbian community against S/M women. Harassment is the most common form of attack against s/m practitioners in the lesbian community. 44% of the S/M women reported some form of violence against them, with one-third of the reported incidents of harassment had occurred in the last year (1993).   30% of the S/M women in the survey experienced discrimination in the lesbian community because of their s/m orientation. This discrimination included being refused membership or being ejected from social, recreational, political, education, spiritual groups within the lesbian community.   Incidents of physical assault in the lesbian community because of S/M orientation were reported by 25% of the women. This includes being slapped, punched or kicked by other women because of their s/m orientation.   Of the 367 s/m women who were victims and/or witnesses of violence at some point in their lives, only 22% felt safe enough to report the incidents to police or event organizers, group leaders, bar staff, etc. Only 25% stated that their complaints had been handled satisfactorily. This reputation within the lesbian community for not supporting victims of violence, harassment and discrimination prevents s/m women from fully participating in the community.   In the forward of the Female Trouble analysis, Jad Keres writes: "The S/M women who have taken part in this survey have something important to tell us. Listening to them does not require an understanding of their sexual expression nor approval of their lifestyle. It does require a willingness to still the persistent noise of hard-held opinions and unyielding dogma. As a community, will we finally allow the voices of all women to be heard and heard consistently or will we continue to blatantly censor and dismiss the lives of women we do not understand or approve of? As a community, will we finally acknowledge and stop the political violence that has preyed upon S/M women or will we continue to ignore the real bloody consequences of the 'Sex Wars'?"   Female Trouble, PO Box 30145, Philadelphia PA 19103
PURPOSE: Gather demographic data on the SM-Leather-Fetish communities. Gain an understanding of the affect of social stigma on SM and fetish practitioners. SURVEY INSTRUMENT - Paper and electronic distribution (see below) PERIOD - April 1998 to February 1999 RESULTS: Useful demographic data on the SM-Leather-Fetish communities Sense of the magnitude of the problems arising from the stigma against SM Clear justification for a more professional survey GENDER  ORIENTATION Men  51%  Heterosexual  40% Women  46% Homosexual  22% Transgender  1% Bisexual  36% Intersexual  2% No Response   4% EMPLOYMENT AGE  INCOME Student 8% 18-22 3% Under $ 10K 7% Part time 5%  23-29 15% $10-24K 17% Full time 62% 30-44 49% $25-49K 37% Self employed 22% 45-64 31% Over $50K 39% Unemployed 1% Over 65 2%     Retired 2%         COMMUNITY ISSUES: 1. Have you ever experienced violence or harassment because of your alternative sexual practices? 36%   YES If yes, what happened? (multiple responses allowed) Verbal harassment  87% Physical assault  25% Stalked  19% Property vandalized  19% Blackmail  17% Sexual harassment  13% Rape  10% Other  7% 2. Have you ever experienced discrimination due to your alternative sexual practices? 30%   YES If yes, what happened? (multiple responses allowed) Persecution 40% Loss of job or contract  25% Loss of promotion  17% Loss of custody of child  3% Refused membership  11% Unjustified arrest  5% Other  36% 3. Did you press charges? 96%   NO 4. Do you freely tell others of your interest in alternative sexual expression? 72%   NO If you're not out, why not? Fear of disapproval  67% Fear of repercussions  57% Fear of persecution  34% Fear of loss of child custody  13% Other  16% RESULTS Only 28% of those surveyed were "out", while the vast majority don't tell other people about their sexual preferences. Some reported that "it's no one else's business," but many cited fear of job loss or child custody, or harming family relations. One respondent reported, "A formerly trusted confidant outed me to my family. As I am the primary care giver for my mother (Alzheimer's) my siblings feared that I would expose our mother to "dangerous characters". They considered making other arrangements for Mom's care and made me promise not to 'practice" my sexual preferences in our home." Unfortunately, staying in the closet doesn't protect people - only one-third of those who suffered violence or discrimination reported that they are "out". The other two-thirds were minding their own…
SM Related Legal Research Resources

SM Related Legal Research Resources

  • 2008 Survey of Violence & Discrimination Against Sexual Minorities Fast Facts

    By Susan Wright The 2008 survey saw a total of 3,058 responses collected. Of those, 2,412 respondents resided in the United States (83.4%). Of the remaining 480 respondents, a total of over 42 other countries were represented. Where appropriate, the data is compared to the 1998 Violence & Discrimination Survey Against Sexual Minorities which collected over 1,000 responses to similar questions over the course of a year. The 1998 survey did not cover business or event-related experiences of harassment, nor did it ask about Internet experiences. The 2008 survey also included more questions about sexual activity and identity. Table 1. Gender 2008 1998 Women 51% 46% Men 45% 51% Transgender 5% 1% Intersexes 1% 2%   Table 2. Sexual Orientation 2008 1998 Heterosexual 41% 40% Bisexual 35% 36% Gay/lesbian 22% 22% Other 7% 4%   A total of 1,146 (37.5%) respondents indicated that they had either been discriminated against, had experienced some form of harassment or violence, or had some form of harassment or discrimination aimed at their BDSM-leather-fetish-related business. Of the respondents who reported…






    Tags: BDSM Susan Wright Discrimination Legal Legal Case Survey
  • NCSF Violence and Discrimination Survey (2008)

      The 2008 Survey of Violence & Discrimination Against Sexual Minorities found significant discrimination and persecution against BDSM practitioners due to the social stigma attached to their sexual behavior. With over three thousand respondents, 37.5 percent indicated that they had either been discriminated against or experienced some form of harassment or violence. This survey addresses the gap in current knowledge by reporting data on the prevalence of violence and discrimination against BDSM and polyamory practitioners. The persecution of these individuals is conceptualized as a manifestation of sexual stigma, that is, society's negative regard for any non-heterosexual behavior, identity, relationship, or community.







  • 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)

  • 2008 Survey of Violence & Discrimination Against Sexual Minorities Fast Facts

    By Susan Wright The 2008 survey saw a total of 3,058 responses collected. Of those, 2,412 respondents resided in the United States (83.4%). Of the remaining 480 respondents, a total of over 42 other countries were represented. Where appropriate, the data is compared to the 1998 Violence & Discrimination Survey Against Sexual Minorities which collected over 1,000 responses to similar questions over the course of a year. The 1998 survey…






    Tags: BDSM Susan Wright Discrimination Legal Legal Case Survey
  • NCSF Violence and Discrimination Survey (2008)

      The 2008 Survey of Violence & Discrimination Against Sexual Minorities found significant discrimination and persecution against BDSM practitioners due to the social stigma attached to their sexual behavior. With over three thousand respondents, 37.5 percent indicated that they had either been discriminated against or experienced some form of harassment or violence. This survey addresses the gap in current knowledge by reporting data on the prevalence of violence and discrimination…







  • 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)

  • 2008 Survey of Violence & Discrimination Against Sexual Minorities Fast Facts

    By Susan Wright The 2008 survey saw a total of 3,058 responses collected. Of those, 2,412 respondents resided in the United States (83.4%). Of the remaining 480 respondents, a total of over 42 other countries were represented. Where appropriate, the data is compared to the 1998 Violence & Discrimination Survey Against Sexual Minorities which collected over 1,000 responses to similar questions over the course of a year. The 1998 survey…






    Tags: BDSM Susan Wright Discrimination Legal Legal Case Survey
  • NCSF Violence and Discrimination Survey (2008)

      The 2008 Survey of Violence & Discrimination Against Sexual Minorities found significant discrimination and persecution against BDSM practitioners due to the social stigma attached to their sexual behavior. With over three thousand respondents, 37.5 percent indicated that they had either been discriminated against or experienced some form of harassment or violence. This survey addresses the gap in current knowledge by reporting data on the prevalence of violence and discrimination…







  • 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

  • 2008 Survey of Violence & Discrimination Against Sexual Minorities Fast Facts

    By Susan Wright The 2008 survey saw a total of 3,058 responses collected. Of those, 2,412 respondents resided in the United States (83.4%). Of the remaining 480 respondents, a total of over 42 other countries were represented. Where appropriate, the data is compared to the 1998 Violence & Discrimination Survey Against Sexual Minorities which collected over 1,000 responses to similar questions over the course of a year. The 1998 survey…






    Tags: BDSM Susan Wright Discrimination Legal Legal Case Survey
  • NCSF Violence and Discrimination Survey (2008)

      The 2008 Survey of Violence & Discrimination Against Sexual Minorities found significant discrimination and persecution against BDSM practitioners due to the social stigma attached to their sexual behavior. With over three thousand respondents, 37.5 percent indicated that they had either been discriminated against or experienced some form of harassment or violence. This survey addresses the gap in current knowledge by reporting data on the prevalence of violence and discrimination…







  • 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.

  • 2008 Survey of Violence & Discrimination Against Sexual Minorities Fast Facts

    By Susan Wright The 2008 survey saw a total of 3,058 responses collected. Of those, 2,412 respondents resided in the United States (83.4%). Of the remaining 480 respondents, a total of over 42 other countries were represented. Where appropriate, the data is compared to the 1998 Violence & Discrimination Survey Against Sexual Minorities which collected over 1,000 responses to similar questions over the course of a year. The 1998 survey…






    Tags: BDSM Susan Wright Discrimination Legal Legal Case Survey
  • NCSF Violence and Discrimination Survey (2008)

      The 2008 Survey of Violence & Discrimination Against Sexual Minorities found significant discrimination and persecution against BDSM practitioners due to the social stigma attached to their sexual behavior. With over three thousand respondents, 37.5 percent indicated that they had either been discriminated against or experienced some form of harassment or violence. This survey addresses the gap in current knowledge by reporting data on the prevalence of violence and discrimination…







  • 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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