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Back in June, 2008, we had set up a great private party for swingers. The plan was to have it at a local bar, the owner was going to close it for just our group. Lots of us had plans on eating dinner at the fine-dining restaurant above the bar, and many had rooms reserved in the hotel. The owner knew what type of group we were, and had no problems in having us.
 
Shortly before the party, the local Borough Council President 'found out' about the party and contacted the local paper. Next thing we know, the paper comes out on Wednesday, we're on the front page. The party was set for Saturday night. Now, most Swingers want complete anonymity, and it was rumored that the media would be there "in disguise" mingling thru the party and possibly some waiting for us to arrive. So, we felt it necessary to cancel our party to protect our guests.
 
The NCSF Incident Response team found out what had happened, contacted the local paper and helped them understand what we were trying to do, and how this affects us. My husband and I (as the party hosts) were unable to have any reply in the paper due to their demand that our names be published if they published our letter. Without the NCSF, there would have been no one to stand up for us and to speak on our behalf, and for that, we are so thankful to them! Thanks again you guys! You're wonderful!
 
~Name withheld by request

Every year, NCSF helps hundreds of people, events, groups and businesses that are being persecuted for their association with the BDSM, swing and polyamory communities.

NCSF is here to help you -- the SM, swing, and polyamory communities. If you have a problem with discrimination, persecution, or harassment because of your sexual expression, please contact NCSF for assistance.

The following are statements from events, businesses and individuals NCSF has helped.

Published in Incident Response

There are many ways you can make a difference - both on your own and in conjunction with NCSF

  • Work to change antiquated laws
  • Work to change the social climate about sexual issues
  • Promote acceptance of safe, sane, and consensual alternative sexual practices among consenting adults
  • Oppose censorship of consensual sexual expression
  • Fight for freedom of academic expression about sexual issues
  • Help communities and individuals facing the threat of prosecution or legal action
  • Support the right of adults to express their sexuality, gender identity and orientation freely and openly without fear 
Published in Tabs

The National Coalition for Sexual Freedom (NCSF)’s Incident Response (IR) Program uses three primary criteria for taking a case:

  1. The issue must openly, directly, and specifically relate to BDSM, swing or poly activities between consenting adults; in other words, the problems you face must relate to or be caused from your involvement in BDSM, swing or poly without question.
  2. The issue must be one whose outcome or precedent could affect not just the individual filing the complaint, but potentially a significant number of people with the same, or similar, problem.
  3. The incident needs to have a reasonable chance of a successful resolution: usually indicating that the individual filling has not also been found guilty of a crime other than behaviors currently considered illegal relating to BDSM, swing or poly. 
 
If you meet the above criteria file a INCIDENT RESPONSE (click hear).
You may also file a report by calling (410)539-4824
 
If otherwise, you may make a general contact with the NCSF by clicking hear
 
Published in Uncategorized

In 2008, the National Coalition for Sexual Freedom (NCSF) again took the lead in defending the rights of individuals and groups in the SM-leather-fetish, swing and polyamory communities. NCSF's coalition of over 40 educational and social groups is committed to creating a political, legal, and social environment in the United States that advances equal rights of consenting adults who practice forms of alternative sexual expression. NCSF's Incident Response team is directed by Director Leigha Fleming. In total, over 500 individuals, groups, attorneys, prosecutors, and businesses contacted NCSF for help in 2008. Each incident sometimes required only one or two phone calls, but some evolved into much larger projects.NCSF received 489 distinct inquiries/requests for assistance. 317 required more than one contact/response to resolve, often requiring multiple contacts.

It is difficult to categorize many incident requests as clearly falling into one camp or another. Many overlap in categories. For example, many of our custody/divorce related issues involve at least 2 of our core constituent groups (i.e. SM/leather/fetish and poly for example). In trying to do a statistical breakdown of the requests, we placed it in the category it most clearly matched.  

  • 11% were requests regarding SM/abuse/domestic violence issues
  • 27% were regarding criminal complaint issues
  • 4% were regarding employment discrimination
  • 31.5% were regarding child custody/divorce issues
  • 15.5% were related to SM/leather/fetish group issues
  • 1% were classed as non-employment discrimination
  • 5% were related to swing community issues
  • 2.5% were regarding online obscenity issues
  • 2.5% were classed as “other”  Of the inquires,
  • 85.5% were driven by SM/leather/fetish issues
  • 9% by swing
  • 5% by poly
  • 0.5% by other

 

2008 saw an increased number of requests around criminal and domestic violence or SM/abuse related issues. NCSF worked with more than 27 attorneys representing defendants in criminal cases. In  addition, we worked with more than 11 district attorneys and prosecutors related to SM issues.  The vast majority of these criminal cases revolved around domestic abuse or consensual sex/play issues. There is a clear need for education within our own communities about the role and limits of consent and for education to police authorities about the differences between SM and abuse. Employment related discrimination is increasing as well. The implementation of KAP under NCSF’s administration resulted in fewer requests for referrals because we were able to refer the request to our site. As we improve the KAP administration, and resource, the number of requests for referrals that need to be handled by a person will drop since we’ll be able to refer people to the KAP database. The new administration tools for KAP in our website overhaul will also make the use of this tool much more efficient for both user and professional.   

We continue to receive a number of requests for assistance from groups, businesses, and other support organizations who want information about how to operate legally, do law enforcement outreach, file for non-profit status, deal with the media or the press, do hotel/event outreach, or do research around zoning or other legal issues.We also continue to receive requests for assistance involving parents who were engaged in child custody and divorce cases. Parents continue to experience difficulties gaining child custody due to their interest in SM, swing or poly activities. NCSF worked with a number of attorneys representing parents accused of being unfit because of their alternative lifestyle interests. In many cases, because of information we were able to provide, the courts decided that alternative sexual expression alone was not cause to impugn a parent's ability to be a good parent. 2009 incident response statistics are currently being compiled.

As of the end of May 2009, more than 114 distinct requests for assistance have been processed.NCSF is here to help you -- the SM, swing and polyamory communities. If you have a problem with discrimination, persecution, or harassment because of your sexual expression, please call NCSF for assistance. You can submit a request for assistance online or find a Kink Aware Professional (KAP) on our website as well at www.ncsfreedom.org. Emergency contact information is available by calling our office at 410-539-4824, 24 hours per day.Please support NCSF in our effort to change the political, legal, and social environment in the United States. We are committed to making a difference. Join NCSF as a member or please hold a fund-raiser and donate to NCSF!  

 

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 Intelligence Wire
April 8, 2004   

Iowa State U.: Group wants Iowa State U. Cuffs charges dropped.
The America's Intelligence Wire
By Tom Barton
February 23, 2004  

Kenner police heavy-handed
The Advocate (Baton Rouge, LA)
October 20, 2003  

Sex club is shut down: Restraining order targets 'private' fetish group in Lakewood
By Ann Schrader
Denver Post
May 21, 2003   

Queen of Pain, Dominatrix: I'll whip courts over sex rap
Philadelphia Daily News
August 27, 2003   

Slap leather, S&M lovers: 'Thunder' to peal soon
By Ann Schrader
Denver Post
June 1, 2003   

Controlling clubs a zoning matter
By Peter Ward
The Sun (Lowell, MA)
December 28, 2002   

A taste of the whip for Saddam: U.N. weapons inspector Jack McGeorge's leadership role in the Washington S/M scene isn't a liability, says a friend -- it'll help him distinguish between fantasy and reality.
By Kerry Lauerman
Salon
December 3, 2002   

Monitor irons out kinks with UN
By Joe Williams
NY Daily News
November 30, 2002   

U.N. begins searches in Iraq
By Maggie Farley, John J. Goldman And John Hendren
Los Angeles Times  
November 28, 2002   

No background checks on applicants: Critics say U.N. inspectors are inexperienced
By James V. Grimaldi
Washington Post
November 28, 2002  

Cendant, sex lobby communicate but don't make up
Lodging Hospitality
October 1, 2002   

Cendant spars with sexual freedom lobby
Lodging Hospitality
August 1, 2002   

Bound by a boycott
The Advocate
May 28, 2002   

Sex-Oriented convention opens today despite effort to ban it
St. Louis Post-Dispatch
April 27, 2002   

What is going on in that ballroom?
St. Louis Post-Dispatch
April 25, 2002   

Senator will try to block sadomasochism seminar
St. Louis Post-Dispatch
April 22, 2002  

Senator wants sex seminar outlawed,  says event is 'absolutely dangerous'
Belleville News-Democrat (St . Louis, MO)
April 22, 2002 

Hotel will host seminar, despite objections from Southern Baptists...
St. Louis Post-Dispatch
April 7, 2002   

One more faction whips Congress
The American Enterprise
March 1, 2002

Group with unconventional tastes draws ire over gathering
By Burt Constable
Daily Herald (Arlington Heights, IL)
February 7, 2002

The erotic web offensive
By Annalee Newitz
AlterNet
January 14, 2002   

New suit targets obscenity law
By Julia Scheeres
Wired
December 12, 2001 

Tough Love: Inside the city's growing sadomasochistic scene
Philadelphia Daily Ne
ws
July 10, 2001

Kinky find a cause in 'Paddleboro'
By Amy Pagnozzi
Hartford Courant
March 9, 2001   

Lawsuit targets last scraps of Net-obscenity law
By Sam Costello
CNN
December 20, 2001   

New Suit Targets Obscenity Law
By Julia Scheeres
Wired
December 12, 2002

1976 case seen a key to Attleboro sex party charges
By Cindy Rodriguez
Boston Globe
July 17, 2000

N.Y. woman charged in Mass. spank party
By Leo Standora
NY Daily News
July 13th 2000

Safe, sane and consensual' is rule for sadomasochists
By Stacy Downs and Dawn Bormann
The Kansas City Star 
June 16, 2000 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

NCSF Profile
An interview with Leigha Fleming, then-interim Executive Director of NCSF.

On Our Backs
Tristan Taormino interview former NCSF Executive Director Judy Guerin.

 

 

Published in NCSF in the News!

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 team of individuals from across the country to deliver 10 educational presentations from "Traveling With Toys" to "How to Protect Your Event."

Over the past decade,
NCSF has formed valuable alliances with other advocacy organizations to work on projects that defend sexual freedom rights: Free Speech Coalition, the ACLU, American Association of Sex Educators Councilors and Therapists, the Society for the Scientific Study of Sexuality, National Gay and Lesbian Task Force, the Gay and Lesbian Alliance Against Defamation, and the Gay and Lesbian Activist Alliance, among others.

Currently NCSF has 54 Coalition Partners who elect the board and establish the yearly goals at the annual Coalition Partner meeting. Coalition Partners are groups and businesses that serve BDSM, swing and polyamory practitioners. NCSF also has over 100 Supporting Members: groups and businesses who actively support NCSF - totaling tens of thousands of members. Aside from Office Manager Levi Halberstadt, the staff of NCSF consists of dozens of volunteers around the country.

Every dollar that is donated to
NCSF and ITCR goes to directly serving the alt sex communities. All donations to ITCR-NCSF are tax deductible. In the past decade, alternative sexual expression has become much more visible to the general public, bringing about an increasing number of attacks. The success of this fight depends on your support. You can become an individual member of NCSF, volunteer to join the NCSF staff, make a donation to NCSF, initiate or help out at a fund-raiser for NCSF, and encourage your group to become a Coalition Partner of NCSF.
Every step you take helps us further the sexual freedom movement!

Check out the new and updated
NCSF website at: www.ncsfreedom.org


A joint Project of
NCSF and ITCR: The Foundation of NCSF

The National Coalition for Sexual Freedom is a national organization committed to creating a political, legal, and social environment in the United States that advances equal rights of consenting adults who practice forms of alternative sexual expression. NCSF is primarily focused on the rights of consenting adults in the SM-leather-fetish, swing, and polyamory communities, who often face discrimination because of their sexual expression.

 

National Coalition for Sexual Freedom
822 Guilford Avenue, Box 127
Baltimore, MD 21202-3707
410-539-4824
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
www.ncsfreedom.org

Published in NCSF in the News!
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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