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The National Coalition for Sexual Freedom (NCSF) believes that the most important issue facing the BDSM/Leather/Fetish communities today is the consistent practice of courts and law enforcement officials to prosecute BDSM as criminal assault, with no defense of consent permitted.  We know that BDSM is not assault, but rather is pleasurable, loving adult erotic activity, as long as it is mutually consensual.NCSF is leading a major national campaign – Consent Counts – to change the laws and police practices that our communities now endure, and to establish that consent is available as a defense in criminal BDSM prosecutions.

Best Practices in the BDSM/Leather/Fetish Communities
The practice of BDSM (Bondage, Discipline, SM) consists of intimate mutually pleasurable erotic activity within the scope of informed consent.  The following “best practices” have been developed by our communities to ensure that the standard of “safe, sane and consensual” is met by all BDSM participants:

Guiding Principles
“SAFE”

All participants are knowledgeable about the techniques and safety concerns involved in what they are doing, and all act in accordance with that knowledge.

“SANE”
Knowing the difference between fantasy and reality, and acting in accordance with that knowledge.

“CONSENSUAL”
All participants understand the nature of the activity in which they will be engaged, and the limits imposed by each participant, and respect such limits at all times.

Best Practices
Each participant should fully understand both the desires and the limits of each other participant.  Such understanding may be based on long familiarity with the other participant(s) or, where participants are new to each other, on a full discussion in advance of the BDSM activity.

  • Consent must be clearly given to all aspects of planned BDSM activity and such consent must be freely given.
  • Each participant in a BDSM activity is free to withdraw previously given consent at any time.
  • Each participant should fully understand any limitations on another participant’s ability to understand and consent fully to the planned BDSM activity, such as age, diminished mental capacity or use of drugs or alcohol.
  • A means should be provided - normally a “safe word” - for the “bottom” to signal clearly her/his desire to terminate the activity.
  • Relationships among BDSM practitioners should be fully respected by others.  It is the responsibility of each person to make clear to others any relationship that imposes limits on that person’s participation in BDSM activities.
  • At parties or other events, the use of monitors may be advisable and rules should be clearly displayed.
  • The more intense and physical the BDSM activity is, the more important it is to ensure clear understanding of and consent to the planned activity.
  • Participants must recognize that BDSM activity resulting in serious bodily harm or that goes beyond the expectations of one of the participants may be deemed criminal, even where consent was initially given.

Established in 1997, theNational Coalition for Sexual Freedom (NCSF) is committed to creating a political, legal and social environment in the US that advances equal rights for consenting adults who engage in alternative sexual and relationship expressions. NCSF aims to advance the rights of, and advocate for consenting adults in the BDSM-Leather-Fetish, Swing, and Polyamory Communities. We pursue our vision through direct services, education, advocacy, and outreach, in conjunction with our partners, to directly benefit these communities.

 

In 2007, NCSF organized a leather leadership round table at the Creating Change conference to discuss the goals of the BDSM-leather-fetish communities. The number one priority was determined to be the decriminalization of BDSM.

A subsequent town hall meeting at LLC was held to further discuss this goal and to establish an outline for a working plan for this 10-15 year project. This is a community-wide project with participation by national groups as well as activists to help determine the plan to accomplish this goal.

Earlier this year, it was determined that it would be in the best interest of this project for NCSF  to take a leadership role. Since NCSF had already established the DSM project as a major area of focus, it made sense to also add the CONSENT COUNTS project as a major focus.

This e-mail address is being protected from spambots. You need JavaScript enabled to view it , former Executive Director of NCSF and long-time sexual freedom activist, recently re-joined NCSF as the CONSENT COUNTS project director. 

NCSF APPLAUDS FEDERAL LAWSUIT FILED

Federal lawsuit filed yesterday! Check out the Atlanta Eagle Raid website

NCSF is actively involved in supporting the Atlanta Eagle and the plaintiffs in this suit.. In the case filed by Lambda Legal, Southern Center for Human Rights, and Dan Grossman as representation For the plaintiffs a federal law suit alleging multiple civil rights violations was filed 24 November 2009.

In speaking with Leigha Fleming NCSF Board Chair, Wednesday afternoon, attorney Dan Grossman said, "NCSF's publicity and support is very welcome and needed in this effort."

Said Ms. Fleming, "We need everyone in the Alanta community getting involved in this. There's a mayoral election coming up. Ask your candidates their opinions of the police action at the Eagle and whether or not they support the kind of bigotry and discrimination exhibited. Blog about it. Talk about it. All the various Eagle's around the country should link to this. Support this suit and support NCSF" Said Grossman, "The police believed that they could violate the rights of these men precisely because they were in a gay _leather_ bar."

NCSF is committed to creating a political, legal and social environment in the US that advances equal rights for consenting adults who engage in alternative sexual and relationship expressions. The NCSF aims to advance the rights of, and advocate for consenting adults in the BDSM-Leather-Fetish, Swing, and Polyamory Communities. We pursue our vision through direct services, education, advocacy, and outreach, in conjunction with our partners, to directly benefit these communities. Donate to NCSF now.

 

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NCSF 822 Guilford Ave #127
Baltimore, MD 21202
410.539.4824
www.ncsfreedom.org

Published in Press Releases

Kinky is NOT a Diagnosis

Help make history by signing the DSM Revision Petition now! The diagnoses in the DSM-IV-TR still subject people who practice BDSM, fetishes and cross-dressing to bias, discrimination and social sanctions without any scientific basis.

We need 3,000 signatures, but we only have 2,200 now. If you don't speak up and call on the American Psychiatric Association to adhere to empirical research when revising the diagnoses in the Diagnostic and Statistical Manual of Mental Disorders (DSM V), then the Sexual and Gender Identity Disorders Work Group won't make a meaningful change.

To sign, go to: www.thepetitionsite.com/1/DSMrevisionpetition

You can make your signature anonymous on this secure petition site so it doesn't appear on the Internet or when the petition is delivered to the APA.

Petition:


"We, the undersigned, support the American Psychiatric Association's (APA) own goal of making its Diagnostic and Statistical Manual (DSM) a scientific document, based on empirical research and devoid of cultural bias. A diagnosis of a mental disorder can have a severe adverse impact on employment opportunities, child custody determinations, an individual's well-being, and other areas of functioning. Therefore we urge the APA to remove all diagnoses that are not based upon peer-reviewed, empirical research, demonstrating distress or dysfunction, from the DSM. The APA specifically should not promote current social norms or values as a basis for clinical judgments."


To find out more about the DSM and the Paraphilias section, read the NCSF & ITCR: The Foundation for www.thepetitionsite.com/1/DSMrevisionpetition's "White Paper on the DSM Revision" at www.ncsfreedom.org

For more information, email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it     Help spread the word - please distribute this call for signatures!

October 15, 2009

Published in Action Alerts

A detailed look at this effective technique to get your point across to the media.

Usually there is no graceful way to segue into a sound bite. That's fine, reporters are used to nonsensical conversations when they give interviews. Whatever the question, respond with one of your sound bites. Repeat these sound bites over and over. Out of a 1/2 long interview, you will be on the air for about 10 seconds, which is usually one or two of your sound bites. Or you get one quote in an article. So don't ad lib. Keep repeating these sound bites below, as well as any sound bites you and your organization agree to provide to the media on local issues.

You don't have to get all these in, sometimes it's best to pick a few and keep repeating them in different ways.

 

Safe, Sane and Consensual

This is a must! Say it over and over and over like a mantra. "Over fifteen years ago, a community-wide ethic was established known as "safe, sane and consensual". This credo has permeated SM literature and lore far beyond the subculture of the organized community." Or "We constantly discuss issues of consent, which are the basis of safe, sane and consensual sexual education."

 

If They Want Specific Definitions:

  1. "Safe" is being knowledgeable about what you are doing. Each participant must be informed about the possible risks, both mentally and physically.
  2. "Sane" is knowing the difference between fantasy and reality. Knowledgeable consent cannot be given by a child, or if you are under the influence of drugs or alcohol.
  3. "Consensual" is respecting the limits imposed by each participant. One of the most easily recognized ways to maintain limits is through a "safeword" - in which the bottom/submissive can withdraw consent at any time with a single word or gesture.

The Need for Educational and Social SM Gatherings

It's important to emphasize the contributions our educational and social groups make to society. We teach people how to do SM safely and consensually, and that takes hands-on instruction and community discussion. Say, "Our group has existed for 10 years as an educational and social group, teaching people how to do SM safely and consensually." Say, "Our group is only one of over 500 educational and social organizations that exist in America for SM-Leather-Fetish practitioners." Or "Like the gay and lesbian community in the 1960's, the people in our community feel very alone and isolated. We provide a place for them where they can get the support of their peers, where they don't have to be ashamed or afraid of who they are."

 

Safe Words

Say, "Safewords are key to consensual sexual activities." "The participants can stop what's happening at any time with a pre-arranged word, or by saying safeword."

 

Communication and Negotiation

Say, "We negotiate before engaging in SM or fetish practices to make sure that what we do is fun for both of us." Or "People who play together must learn how to communicate exactly what we want"

 

Sensual, Loving Sexual Expression

Emphasize that SM is done between loving, communicative partners. It is mutually pleasurable for all involved. SM is stimulation that is often perceived in a sexual way. Stimulation is a great word to use--it is clear and non-threatening unlike "flogging" or "spanking" etc.

 

Defining SM, Dominance & Submission and Bondage

Stay away from going into an SM 101 and don't give any lessons on technique. The most effective soundbites talk about issues of discrimination and injustice against our communities. If they ask, what exactly is SM? You say, "SM is sensory stimulation, either physical or mental, that is interpreted as pleasure." Please try to get the reporter to write SM, not S&M - that evokes the old stereotypes and we are trying to get around that. S&M stands for sadism & masochism while SM stands for sadomasochism; inherent in the word is the mutual necessity for both as well as the consent involved.

 

Statistics of Practitioners

According to the 1990 Kinsey Institute New Report on Sex, released by St. Martin's Press:

"Researchers estimate that 5 percent to 10 percent of the U.S. population engages in diverse sexual practices for sexual pleasure on at least an occasional basis, with most incidents being either mild or staged activities involving no real pain or violence." That would bring the number of practitioners into the millions, with many, many more who do things like love bites or holding their lover's hands down. Say "Most are just like your neighbors, doctor, bus driver, even your sister or uncle. There are probably 1 in 10 people in your office who practice SM as a loving form of sexual expression."

 

Combat Stereotypes

Say, "Contrary to stereotypes, there are many women who enjoy being sexually dominant, and many more people who enjoy switching roles." Or, "People can roleplay with roles and experience things they normally wouldn't get to do in their real life."

 

Discrimination and Violence

This one is also extremely important because most people don't realize how much we are attacked and closeted because of our sexual expression. "Discrimination and violence happens every day to people like you and me just because they engage in diverse sexual practices such as SM or fetishes. Discrimination ranges from family pressures, to job loss, to loss of child custody." Or "The NCSF Violence & Discrimination Survey 1998 found that 1/3 of over 1000 people surveyed suffered some form of discrimination or persecution--losing their job or even their children because of the myths and stereotypes of SM. Another 36% suffered violence--were physically attacked--because of the stereotypes about SM." Or "According to the NCSF survey, 4/5ths of the people surveyed are closeted to the rest of the world out of fear of serious repercussions."

 

SM Practitioners Are Not Sick

In 1994, the American Psychiatric Association changed its medical definition of SM in the Diagnostic and Statistic Manual (DSM 4) so that it is no longer automatically defined as a mental illness. Say "As long as a person's SM practices don't interfere with their day-to-day life, it's considered to be a healthy form of sexual expression."

If you or your organization needs help in reaching out to the media, contact Susan Wright with the National Coalition for Sexual Freedom's Media Outreach Program at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Published in Activist Resources

You don't have to answer the interviewer's exact question.

You rarely see the question in TV or print interviews, only the response. So feel free to pick out one word or phrase in the question and respond to that. For example, if they ask, "What do you think when people say you're eroticizing violence?" give one of your sound-bites: "Safe, sane and consensual sexual expression is not violence because at any time the participants can stop what's happening." For example, if they ask, "What does your husband think about you cheating on him?" give one of your soundbites:
 
Don't repeat nasty or inflammatory phrases.
See the above question - and don't repeat, "SM isn't eroticizing violence because..." or "Swinging is not cheating..." That makes their point for them.
 
Universalize the questions.
If the reporter says something like, "You people who beat each other up..." or "You people who have sex with other people..." then respond with, "We, like you and everyone else in America, believe we have First Amendment rights to express our sexuality in any way that is safe and consensual."
 
Use standard terms rather than "scene" language.
If you start saying "scene" and "munch" and "leather" and "vanilla" and "top" and "bottom" etc. then people won't understand you. Use vanilla terms as much as possible, or very rarely use terms and define them as you use them. ie "The top, that is the person giving the stimulation, must respect limits."
 
Keep repeating your sound bites.
It doesn't make for a stimulating conversation, but that's the way professionals get their point across. The reporter will ask their question several times, trying to get you to expand on what you're saying, to get a more sensational quote. Just be firm and keep repeating your point. They will respect you for it, and will print the sound bites you give them. Check out our recommended sound bites for the SM, swing and polyamory communities.
 
Flag your sound bites.
This is done by saying, "The most important thing to remember is that sadomasochists educate each other about safe, sane and consensual sexual practices." Or "A key part of having engaging in polyamory is communication prior in order to negotiate both partner's limits and desires."
 
Don't do anything sexual on camera.
In this case, a picture is NOT worth a thousand words. Don't let reporters take pictures of your polyamory family sitting on the bed. Don't do an SM scene in front of a camera. We need activists who will speak up for the SM-Leather-Fetish communities and explain the serious issues such as discrimination and violence against our people.
 
Wear appropriate attire.
This means business or casual wear, such as an activist t-shirt. Don't wear revealing fetish wear or lingerie. See above--a picture is NOT worth a thousand words. If our communities want to be taken seriously, we must present an image that the average person can relate to.
 
Don't utter a word you aren't prepared to see in print.
Reporters will try to make you comfortable with them, to chat with them informally. Those are usually the quotes they use. You aren't there to make friends or "sell" the reporter on alternative sexuality, you are there representing the community and yourself in the best light possible. Stay friendly, but reserved, and think before you speak. If you make a misstep, then stop and start all over again. Then the reporter will have to use the completed thought.
 
Don't do or say anything you feel uncomfortable with.
By the time you get into an interview, then the story will be printed or produced no matter what you do. You are completely free to say NO to anything you don't like. It is highly unlikely the reporter will just walk away and end the interview, even if they try to say you MUST do something or answer something. If the reporter keeps insisting, use one of your sound bites: "We believe that consent is the basis of any good relationship. You are becoming abusive by not respecting my limits."
 
Use the name of organizations.
Say you're a member of NCSF or the International Lifestyle Association. Mention the name of your local group. Explain that many groups are educational and social organizations that have been in existence for many years: "Over 500 educational and social, nonprofit groups exist in America for SM-Leather-Fetish practitioners."
 
Be animated, confident and happy.
In TV interviews in particular, often the best thing is not what you say but how you say it. People will remember the image of your happy, confident expression much longer than the words you say.
Published in Activist Resources
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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