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Juvenile/CPS/Child Services for BDSM Parents

The concerns that result from contact with local and state child welfare authorities are occasionally troublesome for members of the SM/leather/fetish/poly communities. It is often difficult to accept the necessity of interacting with child/protective services and child/family services workers. Such persons are often empowered to make independent judgments that have a direct impact on family relations and personal freedom. This presentation provides a structure for acting in accordance with the best interests of your children and with due regard for your civil rights and the rights of others.

Download the pdf.


NCSF's Incident Reporting & Response was created to provide assistance to individuals and groups within the alternative sexual expression communities. If you engage in SM, fetish, swing or polyamory practices, and are being persecuted or discriminated against because of it, please contact NCSF. If your group or business is being harassed by religious political extremists or if you need help doing outreach to your local law enforcement, please contact NCSF.

Feeling alone in your fight for your rights? NCSF's Incident Response Program may be able to help.The National Coalition for Sexual Freedom (NCSF)’s Incident Reporting & Response (IRR) 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 filing has not also been found guilty of a crime other than behaviors currently considered illegal relating to BDSM, swing or poly.

 

Here are a couple of examples of how we can and do help individuals who contact us for help.  

NCSF was contacted in February 2009 by a mother in the South Central US. The woman’s parents became aware of her involvement in the BDSM and swing communities and initiated an action with the court to challenge the mother’s fitness as a parent and the custody of her children. An allegation of abuse/neglect was made by the parents with child protective services and an investigation was opened by the state concurrent with the family court awarding temporary custody to the grandparents. The sole basis for the custody challenge was the mother’s consensual adult BDSM and swing interests.   

NCSF referred the mother to an attorney in her area who was experienced in working with child protective services (CPS) and those in the alternative communities. We educated the attorney about consensual adult swing and BDSM activities. We provided a referral to a kink-friendly family therapist certified by the court as an expert to do an independent parent/child evaluation. We spoke with the CPS investigator who was initially hostile and successfully convinced her to look at this family’s particulars instead of prejudging the mother as negligent or abusive solely because of her consensual adult interests. As expected, the therapist found that the mother was an excellent parent, that she had not exposed her children inappropriately to adult activities and the best interests of the children would be served by returning full custody back to her. The woman’s attorney advocated for her at the hearing in March 2009, a final determination of custody given by the court was in agreement with the mother, and she got custody back. The child protective services complaint was closed with no finding of abuse or neglect.  

In another example, NCSF was contacted by a woman in January 2009 from the Southwest who was attempting to pursue an assault/domestic violence case against her abuser. She was having great difficulty getting her local police department and prosecutors to take her case seriously. She had been involved in consensual BDSM practices in the past with her alleged abuser and as such, the police were dismissive of her complaint. By the time she contacted NCSF, the prosecutor was stalling on moving forward with criminal charges because he didn’t think the case was winnable based on the victim’s prior conduct. The woman contacted NCSF for help, asking us to educate the investigator assigned to her case and the prosecutor’s office. NCSF initiated contact with the victim’s advocacy office assigned to the prosecutor’s office. We provided education and information to the police and prosecutor about consensual adult BDSM activities. Because of NCSF’s involvement, the prosecution moved forward and the abuser ended up accepting a guilty plea.   

Unfortunately, due to limited resources the NCSF is only able to take a fraction of the cases that come to us. Many of the complaints we receive do not meet one, or several, of the above criteria. Even under the best circumstances, NCSF can only help a small percentage of those who merit it. All of our work is done by volunteers and we accept no payment for our services.

We are however happy to receive donations earmarked specifically for use in the IRR Program. Click here to donate,  Make sure you note "Incident Reporting & Response" or "IRR" in the comment box if you want to restrict your donation. We do provide basic information as resources dictate and referrals to professionals as part of our Kink Aware Professionals database.

The criteria for acceptance listed were developed to meet the primary concerns of our voting constituencies, our Coalition Partners. When the NCSF agrees to take a case the impact can be realized by all of our constituents as a whole and therefore it is up to the policies set in motion by NCSF Coalition Partners to decide whether existing resources allow for a case to be handled effectively.

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If you practice BDSM in fully consensual ways, you may still be criminally prosecuted for assault under many laws throughout the U.S. The BDSM-Leather-Fetish communities have focused heavily for years on defining “safe, sane and consensual BDSM practices” for practitioners as well as to help the broader public better understand what it is that we do. It was, after all, only in 1994 that the DSM criteria of the American Psychiatric Association changed their categorization of sadomasochism, paving the path for us to do more effective social, legal and political change. Until 1994, BDSM was defined automatically as a mental illness. Prior to 1994, it was difficult to organize effectively to protect and advance our rights as BDSM practitioners. This categorization and long-term societal view of BDSM as a mental illness resulted in severe consequences for many practitioners over the years—loss of child custody and jobs as well as criminal prosecutions. Fortunately for all of us, NCSF was formed in 1997 to work on these issues and to protect and advance our rights.

Although things have certainly improved for us over the years, we still have significant legal, political and societal issues facing us. The majority of us are not “out of the closet”, still fearing the very real threat of being prosecuted or losing our jobs or families. BDSM is still prosecuted criminally as assault, and the legal precedents related to consensual BDSM assault prosecutions  are not in our favor. Many of the laws intended to protect victims of domestic violence and rape need to be modified in their application to consensual BDSM activities. The DSM criterion still needs further reform—it is still used against us, and we can still be defined as mentally ill for what it is that we do. And, members of our communities still routinely face ongoing issues of divorce, child custody, job discrimination and even criminal charges.

NCSF has two major national projects aimed at protecting and advancing the rights of the BDSM-Leather-Fetish communities.  First, NCSF has taken charge of the “Consent Counts” initiative that was launched in 2006 at a Leather Leadership Roundtable as the single most important national priority of the BDSM-Leather-Fetish communities.  Our goal:  to decriminalize consensual BDSM throughout the United States by ensuring that consent will be recognized as a defense to criminal charges brought under assault laws and other statutes.  The Consent Counts project is a nationwide education and activism program that includes a comprehensive analysis of current laws and court decisions, the development of legal arguments for changing the laws, participating in court cases, and ultimately, through lobbying, education and grass-roots activism, changing state laws and the way the public and the courts view BDSM.

The other important advocacy project is NCSF’s work to change the DSM criterion so that consensual BDSM will be categorized, not as a mental pathology, but rather as a normal variant.  In this effort, we are coordinating research and advocacy and working with recognized experts in the field.

We need your help and support to be successful. You can make a difference.  Get involved.  Visit www.ncsfreedom.org.

Copyright, 2010, NCSF. NCSF grants permission for this article to be reproduced and distributed, provided it is distributed in its entirety and free of charge.
National Coalition for Sexual Freedom 822 Guilford Ave #127 Baltimore, MD 21202 410.539.4824 www.ncsfreedom.org

 

Because your sexual expression...

  • Can result in discrimination, prosecution, and even violence against you
  • Can cause you to lose your children
  • Can cause you to lose your job or your income
  • Can lead you into a maze of antiquated laws and regulations you never even knew existed
  • Is arbitrarily criminalized by state and local authorities
  • Is used by the radical right to marginalize minority groups
  • Can result in the invasion of your privacy by the government, both within your own home or in educational, social and group environments  
Published in Tabs

NCSF Publishes Important Information for Your Mental Health; NCSF and the Foundation are proud to announce two new and valuable publications: A Guide to Choosing a Kink-Aware Therapist, and the Therapists Guide to Polyamory.

The BDSM Survey is up. Take a look!

If you are seeking a Kink Aware Professional (KAP).
Our KAP program allows professionals who are friendly to BDSM, swing, and poly individuals to list themselves as "kink friendly." It serves as a resource for people to self-refer for help from theraputic, legal and other professionals who will not prejudge based on the consensual adult activities of our constituents. We've recently added documents for "How to Choose a Kink Aware Therapist" in long and short form as well as a booklet geared for those in the theraputic community that focuses on poly issues. 

If you are seeking assistance or our Incident Response Program
Criteria for acceptance include consideration of whether a significant issue relevant to NCSF's primary constituencies is at stake, what  impact can be realized for our constituents as a whole if NCSF gets involved, and whether existing resources allow for a case to be handled effectively.

Published in Tabs

NCSF Supports Your Rights!

In 2003, National Coalition for Sexual Freedom (NCSF) once 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 38 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.

Leigha Fleming directs NCSF's Incident Response team. In total during 2003, NCSF responded to more than 500 cases, with more than 1,300 contacts between NCSF and individuals, groups, attorneys, prosecutors, and businesses that requested assistance. Some incidents required only one or two phone calls, but many evolved into much larger projects such as the attacks by religious political groups against SM conferences.

In 42% of the incidents, NCSF assisted individuals. The largest category of incidents involved 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.

We also helped families dealing with child protective services because of their alternative lifestyle interests.

NCSF saw a sharp rise in the number of requests for help from individuals experiencing employment discrimination because of their involvement in alternative lifestyles in 2003. Individuals also consulted with NCSF on a variety of other issues, including: the legality of obscene materials, guidelines for posting sexually frank information on websites, the law regarding private parties, criminal cases, dealing with law enforcement and dealing with personal media exposure.

In 2003, NCSF also opposed zoning and other local regulatory measures against those who practice some form of alternative sexual expression. NCSF assisted the swing communities in Illinois and North Carolina by working with them to fight back against punitive zoning restrictions. In addition, we extended our outreach to the polyamory community in 2003 by working with individuals impacted by discrimination against their relationship style.

Conventions

Opposition to SM events based on religious concerns continued in 2003. The host hotel for My Vicious Valentine (February 14-16) received calls from Concerned Women for America at the end of January. The CWA attack against My Vicious Valentine fizzled out, in large part due to the extensive education about SM events that NCSF did for local authorities in 2002. Only one reporter called NCSF from the hotline number posted on MVV's website.

The Tribal Fire conference (April 4-6) in Oklahoma was again targeted by religious groups who took out ads in the local papers denouncing SM practices and threatening to picket the event. Tribal Fire's organizers met with the police detective and the hotel to ensure the event would go on as planned. However four Mennonites held a prayer vigil in the hotel lobby for 72 hours. NCSF staff members attended Tribal Fire and spoke out about the importance of standing up for our rights.

When Concerned Women for America attacked International Mr. Leather (May 30-June 1) they quoted the Illinois State Health Department as saying there is a higher rate of STDs in homosexual men. CWA proclaimed that IML was therefore a danger to employees and guests at the host hotel. Susan Wright contacted the Illinois State Health Department, and the AIDS/Infectious Diseases department declared they would speak to any media outlet to debunk the CWA's absurd claims. IML was held as planned.

The Black Rose conference (November 11-14) was forced to move from Ocean City, Maryland, back to their former host hotel in New Carrollton, Maryland when two churches in Ocean City led a grass-roots movement to prevent the event from taking place in their rural resort town. There was a great deal of initial confusion regarding Black Rose's media response, and as a result, there were many misrepresentations and prejudicial and inaccurate descriptions included in the articles in the Maryland Coast Dispatch and the Daily Times of Salisbury which inflamed the situation. NCSF attempted to mediate the situation by providing accurate and unbiased information on SM/leather/fetish to the local media.

Fetish in the Fall (November 20-23) scheduled to take place in Kenner, Louisiana (part of metropolitan New Orleans) was moved after it was attacked by the Kenner police chief. Police Chief Nick Congemi urged hotel managers to decline any request to hold the event in any Kenner hotel. In his letter and press release to the media, Chief Congemi stated that "allowing the event to take place would seriously jeopardize the family atmosphere for which Kenner is noted." Congemi had already announced his run for mayor of Kenner (election held in March, 2004). For many years prior to this, Congemi had allowed his police officers to work as off-duty security for the adult swing conference in Kenner, N'awlins in November, produced by the same company that produced Fetish in the Fall. NCSF was called in immediately and was able to generate positive media coverage of this incident.

Clubs

NCSF also opposed zoning and other local regulatory measures against those who practice some form of alternative sexual expression. NCSF assisted the swing communities in North Carolina and Illinois by holding open-forum discussions about how to affect zoning regulations and current litigation against lifestyle clubs. NCSF also worked with the Gay and Lesbian Activist Alliance (GLAA) to lobby against the Washington DC's Alcoholic Beverage Control regulation 905, which has been used to prohibit SM play in local establishments with liquor licenses even when liquor isn't being sold or consumed. In response to an Action Alert created and distributed in conjunction with D.C. Sexual Minority Advocates (DCSMA), NCSF received over 130 cc'ed letters from community members stating they were concerned that this regulation will prevent SM community spaces from existing in Washington D.C.

The Labyrinth in Denver, a community SM space, was shut down by a restraining order because of zoning violations. The undercover investigation took many months. The Denver community organized an ad hoc group called COSMA (Colorado SM Advocates) to fight for their right to have an SM club. NCSF conducted multiple interviews with the Denver Post, Rocky Mountain News, Lakewood Sentinel, Channel 7, ABC affiliate, and KHOW 630 AM radio during this incident.

Media Incidents

NCSF gave 67 media interviews in 2003, with Susan Wright, Spokesperson, giving 49 interviews and Sue Gould, Swing Spokesperson, giving 18 interviews. Clubs and businesses regularly contact NCSF to receive media training for incidents or prior to holding an event.

NCSF began working with John Cloud, a reporter with Time Magazine in November 2003 on an article about the SM community, its history and practices. NCSF assisted in locating appropriate people in the SM community to be interviewed. Several SM conferences considered allowing the reporter into their event, but concerns over privacy prevented that. The positive article was published in January 2004.

In Indianapolis, a female professional dominant gave an interview with the local newspaper and Channel 6 News in May. This caused serious problems for her because she was located near a church-school and ran a home-based business (a D/s and role-play salon) with no business license or permits. The media and police received an anonymous tip about her illegal business operation. NCSF encouraged her to seek proper zoning, educated her about dealing with the media, and responded to media inquiries for her.

In March, NCSF was contacted by concerned community members about the Black Party's promo image, which showed a young man with a black eye and split lip. NCSF protested to the producers of the Black Party in NYC that this image doesn't portray SM but rather shows abuse. The NYC Anti-Violence Project, the National Coalition against Violence and other groups joined in this effort, writing to the producers protesting this image.

In one media incident, a nonprofit club in Muncie, Indiana, was threatened with closure along with a nearby strip bar until the media was educated about safe, sane and consensual SM. NCSF also gave media assistance to a swing club in Connecticut which was closed because of zoning issues.

Another media incident involved Nerve.com when they published a series of articles in June entitled "Letters from Leather Camp." The Nerve reporter infiltrated a private event, Leather Retreat. Leather Retreat didn't have a clause in their release form preventing reporters from writing for a commercial media outlet. Susan Wright negotiated with Michael Martin, Editor-in-Chief at Nerve.com, and sent out Nerve's statement and apology in NCSF's Media Update covering the articles. The comments section of Nerve.com was reinstated so SM community members could respond to the articles, and the articles themselves were purged of their most reprehensible comments.

Discrimination

Job discrimination continues to be a problem for individuals. NCSF helped more than a twenty people draft and file formal complaints with their employers regarding employment discrimination claims. One West Virginia woman lost her job because she belonged to a leather club. One Texas woman was sexually harassed by her supervisor when he found her website on the internet. She was initially terminated from her job when she complained about the harassment. NCSF worked with her and her husband to draft a formal grievance and helped her find a sympathetic attorney. She was rehired.

A number of discrimination complaints continue to be made regarding Paypal and E-bay regarding their policies for dealing with adult oriented vendors. Paypal and E-bay are deleting accounts that sell adult oriented merchandise. NCSF has contacted the parent company, E- bay, regarding their discriminatory practices. These companies continue their "no-adult content" policy in large part out of fears of prosecution for obscenity.

Criminal Cases

NCSF was contacted by individuals, attorneys and prosecutors on a variety of criminal cases, including: several cases of false rape, three different cases involving death of a participant, and two murder investigations. NCSF also made referrals to resources and the appropriate authorities in several domestic violence incidents. In three cases, NCSF was able to help the victim obtain protective orders and find appropriate counseling.

NCSF: On the Front Lines

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. If you are contacted by the media, please call NCSF immediately so we can assist in educating the reporter about SM, swing or polyamory.

And please support NCSF in our effort to change the political, legal, and social environment in the United States. We are a volunteer organization committed to making a difference. Join NCSF as a member or please hold a fund-raiser and donate to NCSF!

Overview: NCSF Supports Your Rights!

In 2002, National Coalition for Sexual Freedom (NCSF) once 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 29 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 Leigha Fleming, who instituted new methods for tabulating responses in 2002. In total, nearly 600 contacts were made between NCSF and individuals, groups, attorneys, prosecutors, and businesses who requested assistance. Each incident sometimes required only one or two phone calls, but many evolved into much larger projects such as the series of attacks by religious political extremists against SM conferences in the midwest.

In 41% of the incidents, NCSF assisted individuals. The largest category of incidents involved 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. Individuals also consulted with NCSF on a variety of other issues, including: the legality of obscene materials, guidelines for posting sexually frank information on websites, the law regarding private parties, and dealing with personal media exposure.

In 2002, NCSF also opposed zoning and other local regulatory measures against those who practice some form of alternative sexual expression. NCSF assisted the swing communities in Florida and Phoenix by holding open-forum discussions about how to affect zoning regulations and current litigation against lifestyle clubs. NCSF also worked with the Gay and Lesbian Activist Alliance (GLAA) to lobby against the Washington DC's Alcoholic Beverage Control regulation 905, which has been used to prohibit SM play in local establishments with liquor licenses even when liquor isn't being sold or consumed.

Conventions

From February to May 2002, five SM conventions were targeted by Concerned Women for America, American Family Association, and the American Decency Association. NCSF worked with each event to counter sensationalized attacks in the media as well as resisting action by local authorities who attempted to shut down these SM conferences. The attacks took place in the midwest: My Vicious Valentine and International Mr. Leather in Chicago, Bound by Desire in Michigan, Tribal Fire in Oklahoma, and Beat Me in St. Louis in Missouri.

In April, Missouri State Senator John Loudon introduced a resolution to prohibit SM conferences from being held in that state. NCSF educated the Missouri State Attorney General about the educational benefits of SM conferences, and the state health department sent an observer who confirmed that all activities were safe, sane and consensual. Beat Me in St. Louis was held exactly as planned.

With two of these SM conferences, the host hotels canceled their contracts. However both conferences were able to re-locate to new host hotels. Cendant Corporation, the world's largest hotel franchiser with more than 6,400 hotels, bowed to pressure from religious political extremist groups and threatened its franchisees with reprisal if they booked "controversial" guests or groups that "national interest groups find offensive." NCSF conducted a successful media and write-in campaign that convinced Cendant Corporation to clarify its position, honoring the right of hotel franchisees to host the events of their choice.

Clubs

In 2002, there were several police raids against alternative sexual expression clubs, including a raid that resulted in the closure of Behind the Scenes, an SM club in Philadelphia, PA. In July, a raid against Club Zinc, a swing club in Atlanta, GA, resulted in the arrest of patrons who consulted with NCSF. Another lifestyle club in Connecticut was raided and closed in June because they were improperly located in a residential neighborhood. In Phoenix, AZ, NCSF worked with several swing clubs that continue to be threatened with closure because of overly-restrictive zoning laws.

Media Incidents

Spokesperson Susan Wright gave 81 interviews with the media in 2002 including print, radio and television interviews on national shows such as The O'Reilly Factor. Incidents such as the CWA attacks against SM conferences required extensive media contacts. In addition, the trial and conviction of serial killer John Robinson in Kansas City necessitated media work because Robinson met several of his victims in SM chat rooms. The witness who reported Robinson's theft of her toys to the police, resulting in Robinson's arrest, consulted with NCSF prior to her appearance in the trial.

The SM community rallied when Jack McGeorge's participation as a UN Weapons Inspector in Iraq was questioned by the Washington Post in a series of SM-negative articles. It was suggested that McGeorge should be dismissed from the UN weapons team because, among other things, McGeorge is a former Chairman of NCSF. Community members sent dozens of "Letters to the Editor" to the Washington Post, NY Daily News, CNN, and Fox News protesting the attacks against McGeorge, who received support from Hans Blix and remained on duty as a Weapons Inspector.

Clubs regularly contact NCSF to receive media training for incidents or events. In one media incident, a nonprofit club in Muncie, Indiana, was threatened with closure along with a nearby strip bar until the media was educated about safe, sane and consensual SM. NCSF also gave media assistance to a swing club in Connecticut which was closed because of zoning issues.

Discrimination

Job discrimination continues to be a problem for individuals. NCSF helped more than a dozen people draft and file formal complaints with their employers regarding employment discrimination claims. One Tennessee man lost his job because he belonged to a leather club. NCSF referred a Texas man to the EEOC because of racial discrimination. A California woman contacted NCSF when a job offer was withdrawn when her personal website was discovered. Another woman was dismissed from a private Catholic university because of her private sexual expression.

Discrimination complaints were also made about two Internet companies in 2002. In July, E-bay pulled all of its SM-related material for sale, while Match.com deleted a therapist's ad because it mentioned their poly therapy practice.

Criminal Cases

NCSF was contacted by individuals, attorneys and prosecutors on a variety of criminal cases, including: an exhibitionist arrested for public exposure, prostitution and obscenity charges against a pro-domme, and one individual cited for carrying SM toys in their car. NCSF also made referrals to resources and the appropriate authorities in several domestic violence incidents. In one case, a protective order was obtained.

In September, NCSF assisted in a behavioral forensic investigation concerning the alleged kidnapping of a Vancouver, Washington, man who was involved in master/slave relationship. NCSF worked with both prosecution and defense. The result was the dismissal of the unfounded charges of kidnapping and assault.

NCSF On the Front Lines

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 visit our website on www.ncsfreedom.org or call our office at 410-539-4824.

And please support NCSF in our effort to change the political, legal, and social environment in the United States. We are a grassroots, volunteer organization committed to making a difference. Join NCSF as a member or please hold a fund-raiser and donate to NCSF!

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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