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In addition to our Kink Aware Professionals (KAP Program, a resource for finding a Kink Aware Professional) the NCSF has added a guide on how to select a Kink-Aware Therapist.

Here is a copy of the guide, or a short FAQ of the guide.

You can also visit our KAP Database.

Published in Resources For Public

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.

Guide to Choosing a Kink-Aware Therapist, created by Keely Kolmes Psy.D. and Geri Weitzman Ph.D., will help people who engage in BDSM find a therapist who can accept them without judgement or prejudice. Some therapists cause more harm than good when they slap a label of mental illness on a client simply because they enjoy kinky sex.

"Over the years, I have received many calls from folks around the globe who wanted access to therapy that was respectful of their kink identity, but didn't know where to turn to find it," says coauthor Geri Weitzman, PhD. "We are excited to share this resource on finding kink-aware therapists with our community, in the belief that a warmly accepting therapeutic environment should be available to all."

"Therapy needs to be a place where you can feel safe to bring your whole self. I hope that our article is a helpful tool for kink-identified clients and the therapists who want to learn more about working competently with them," agrees coauthor Keely Kolmes, Psy.D.

The second publication has been years in the making: Therapists Guide to Polyamory was written by Geri Weitzman, Ph.D., Joy Davidson, Ph.D. and Robert A. Phillips, Jr., Ph.D., and edited by NCSF Foundation Chairman James R. Fleckenstein, B.A., and Carol Morotti-Meeker, M.S., M.L.S.P. This guide answers all of a therapist's questions about the purpose and practice of polyamory: everything from the motivations and benefits of polyamory, to emotional and social concerns such as discrimination and family disapproval are covered. Polyamorists can use this guide to explain their lifestyle to their therapist, and for therapists who understand that personal value systems may sabotage their goal of enabling their clients to explore options and life experience in a neutral or supportive way.

"For too long, polyamorous clients have consistently expressed concerns that their therapists completely failed to understand the clients' lifestyle choices at best; at worst, therapists immediately pathologized the clients' lifestyle and ascribed all of the clients' issues solely to the decision to have nonexclusive relationships," says NCSF Foundation Chairman Jim Fleckenstein. "This piece, written by three clinicians and thoroughly supported with three pages of references, should help put an end to this practice. I was deeply honored to have had the opportunity to co-edit this vital work."

NCSF is dedicated to ensuring that everyone can find a mental health professional who is understanding and supportive of alternative lifestyles, and believes these guides are an important addition to its Kink Aware Professionals referral list and the DSM Revision Project. A member of KAP recently wrote: "Thank you for operating this fantastic resource. All of my current clients have found me through the KAP database, which is helping me cultivate exactly the kind of practice I'd hoped for."

Also available on the NCSF website are the results of Second National Survey of Violence & Discrimination Against Sexual Minorities which found significant discrimination and persecution against BDSM practitioners. With over three thousand respondents, 37.5% indicated that they had either been discriminated against or experienced some form of harassment or violence. Over 500 comments were written by the respondents which have been gathered into "In Their Own Words" which documents the trauma experienced by those who have been persecuted.

Published in Resources For Public

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!  

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

FOR IMMEDIATE RELEASE

National Coalition for Sexual Freedom

 

 

Marching Forward: NCSF proactively advocates for sexual freedom

 

November 19, 2008 - NCSF is 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, swing and polyamory communities. The new board of NCSF was voted in at the annual Coalition Partner meeting held in Atlanta in September: Leigha Fleming is the new Chairwoman of NCSF, and new board members Laura

Carlson (Secretary), Klawdya Rothschild, Tim Murray, and Ron Zimmerman have joined existing board members Vivienne Kramer (Treasurer), Jim Duvall, Jim Fleckenstein, and Howie Zusel.

 

NCSF has directly helped tens of thousands of practitioners, businesses and groups since its founding in 1997. NCSF's newest project is the DSM Revision Project: Kinky is NOT a Diagnosis! The DSM Revision Petition is gathering signatures from individuals and organizations calling on the American Psychiatric Association (APA) to adhere to empirical research when revising the diagnoses in the Diagnostic and Statistical Manual of Mental Disorders (DSM). Susan Wright is working directly with the DSM revision committee to ensure that healthy BDSM practitioners and cross-dressers are not misdiagnosed under the DSM criteria.

 

 

Incident Response
NCSF
's Incident Response team is directed by Leigha Fleming ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ). Over 600 individuals, groups, attorneys, prosecutors, and businesses contact NCSF for help every year because of persecution or discrimination. This year NCSF assisted both Folsom Street Fair with media relations, and the National Gay and Lesbian Task Force's Creating Change conference when they were attacked for presenting Guy Baldwin with a "Leather Leadership Award". This continues our practice of fighting religious political extremists and performing outreach to local communities and authorities.

 

 

Media Outreach Project
NCSF
's Media Outreach Program provides sound bites, media statements and proven tactics for anyone speaking to the media about sexual freedom issues. Spokesperson Susan Wright ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) regularly gives media trainings and conducts over 60 interviews every year, influencing the coverage of alternative sexuality in the mainstream media. The NCSF Media Updates 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.

 

 

Kink Aware Professionals (KAP)
NCSF's Kink Aware Professionals (KAP) free referral list was started by Race Bannon who gave NCSF custody of the list in 2006. James Huesmann ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) is currently the director for the KAP program. Please request NCSF's KAP brochure for your members. NCSF actively recruits psychotherapeutic, medical, and legal professionals nationwide for this list, ensuring that community members can access professionals who are knowledgeable about and sensitive to diverse expressions of sexuality.

 

 

Legal Committee
NCSF
's Legal Advocacy team is led by John ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ), 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.

 

 

Education Outreach Program
The Education Outreach Program (EOP) is run under the Institute for 21st Century Relationships by 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 educates law enforcement officials, and our 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."

 

 

Networking
For over a 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, Counselors 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. Susan Wright is on the Advocacy Committee of the American Association of Sex Educators, Counselors and Therapists.

 

NCSF is a member of the organizing committee for the Sex Positive Journalism Awards, along with journalist Miriam Axel-Lute and activists from The Center for Sex & Culture. The first award ceremony for the Sexies was held in New York City on October 4, 2008 (www.sexies.org). NCSF also participates in

 

Consent Counts, a group formed at Creating Change 2007 to take on the work of decriminalizing Leather/kink/fetish/BDSM consensual adult behavior (www.consentcounts.org).

 

Membership
Currently NCSF has 56 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 nearly 100 Supporting Members - groups and businesses who actively support NCSF - totaling tens of thousands of members. You can also become an individual member for $25, which goes directly to supporting NCSF programs and projects.

 

 

Donate!
Aside from part-time Office Manager Levi Halberstadt ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ), 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 these exciting projects on the NCSF website at: www.ncsfreedom.org

 

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

Published in Press Releases

In 2006, 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 2006. Each incident sometimes required only one or two phone calls, but some evolved into much larger projects.

NCSF received 521 distinct inquiries/requests for assistance. 289 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.

  • 13% were requests regarding SM/abuse/domestic violence issues
  • 6% were regarding criminal complaint issues
  • 7% were regarding employment discrimination
  • 13.5% were regarding child custody/divorce issues
  • 5.5% were in reference to child protective services’ complaints
  • 14.5% were related to SM/leather/fetish group issues
  • 9% were classed as non-employment discrimination
  • 8% were related to swing community issues
  • 8% were regarding online obscenity issues
  • 10.5% were regarding zoning issues
  • 5% were classed as “other”

Of the inquires:

  • 73.5% were driven by SM/leather/fetish issues
  • 15% by swing
  • 7% by poly
  • 4.5% by other

 

2006 saw an increased number of requests around criminal and domestic violence or SM/abuse related issues. NCSF worked with more than 30 attorneys representing defendants in criminal cases. In addition, we worked with more than 10 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.

2006 incident response statistics are currently being compiled. As of the end of July 2007, more than 346 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!

Donations made to the National Coalition for Sexual Freedom, Inc are not deductible for charitable tax purposes.

National Coalition for Sexual Freedom
822 Guilford Avenue, Box 127
Baltimore, MD 21202-3707

phone: 410-539-4824

FOR IMMEDIATE RELEASE


National Coalition for Sexual Freedom


NCSF adopts Kink Aware Professionals

February 10, 2006 - Race Bannon and NCSF announce the transfer of management of Kink Aware Professionals to NCSF. The National Coalition of Sexual Freedom is proud to continue and grow the Kink Aware Professionals program which was founded and has been managed by Race Bannon for many years.

To find a Kink Aware professional, go to: www.ncsfreedom.org and click on “Resources” then Kink-Aware Professionals.

"I'm glad Kink Aware Professionals is safely in the hands of an organization that has already proven to serve our communities well," said Race Bannon. "With the acquisition of the KAP web site NCSF continues to prove that they're always looking for additional ways to help us all pursue the sex life of our choosing."

NCSF's mission includes education and outreach to the medical, psychological and legal communities. By building a network of sexually aware professionals we can both support the professionals who respect our values as well as encourage other professionals to learn about our issues.

"An extension of that mission," said NCSF Chairperson Vivienne Kramer, "is helping our members and the community at large find competent legal, psychological, and medical services from professionals who are aware of their adult expressions of sexual freedom, and not only donbt hold it against them, but can help with the special issues and needs that our actions entail."

One might ask why a Kink Aware Professional is needed as opposed to your "normal" professional. There are many circumstances where a doctor or therapist might misdiagnose a patient who has bruises as an abuse victim and then be legally required to fulfill police reporting requirements. Likewise, a lawyer working on a divorce or child custody case might need an understanding of a master/slave dynamic, or a swinging relationship, in order to correctly handle these issues. There are still doctors who believe gays should be "cured" and that an interest in sadomasochism is in and of itself, pathological. Likewise polyamorists who seek relationship counseling from unaware counselors sometimes get lectured, judged, and misdiagnosed as sexually and emotionally immature, neurotically fearful of commitment, or sexually addicted.

While many doctors, lawyers, etc. may have passing knowledge of alternative forms of sexual expression, their education is often incomplete. A patient dealing with a difficult life situation deserves a professional who is well versed with the issues that arise from their choices as a sexually free adult. Professionals listed in

NCSF/KAP are not necessarily identifying themselves as "kinky", but are stating that they are open minded and aware of some of the behaviors and norms of different expressions of sexuality.

The fight for sexual freedom is fought on many fronts, from Supreme Court cases down to a patient seeing their doctor, finding a lawyer, or working with a therapist. NCSF is proud to continue this important service to the community and thanks Race Bannon for trusting us with this important project.


###


A Project 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.

Published in NCSF in the News!
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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…






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  • 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…






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  • 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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