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A handful of significant sociological studies have been done to determine percentage of the population engages in SM activities.

The 1990 Kinsey Institute New Report on Sex reports:

"Researchers estimate that 5-10 percent of the U.S. population engages in sadomasochism for sexual pleasure on at least an occasional basis, with most incidents being either mild or stage activities involving no real pain or violence. Most often it is the receiver (the masochist), not the giver (the sadist), who sets and controls the exact type and extent of the couple's activities. It might also interest you to know that in many such heterosexual relationships, the so-called traditional sex roles are reversed -- with men playing the submissive or masochistic role. Sadomasochistic activities can also occur between homosexual couples."

June M. Reinisch, Ph.D. with Ruth Beasley, M.L.S (1990). Kinsey Institute New Report on Sex, St. Martin's Press: pg. 162-163.

A new Playboy poll by Dr. Marty Klein appeared in November, 1998, p. 81:

  • 18% of the men and 20% of the women have used a blindfold during sex.
  • 30% of the men and 32% of the women have tied someone up or have been tied up during sex.
  • 49% of the men and 38% of the women have spanked or have been spanked as part of sex.

 A survey by Hunt (1974) of 2,026 respondents found that:

  • 4.8% of men and
  • 2.1% percent of women had obtained sexual pleasure from inflicting pain and
  • 2.5% of the men and
  • 4.6% of the women obtained sexual pleasure from receiving pain.

 

These numbers are probably underestimates, because the erotic response to "pain" is only one aspect of SM. (M. Hunt, Sexual Behavior in the 1970s, Chicago: Playboy Press.)

A mid-1970s independent research organization poll funded by Playboy surveyed 3,700 randomly selected students from 20 colleges found that 12% women and 18% of the men had indicated a willingness to try bondage or master-slave role-playing. (Playboy, "What's Really Happening on Campus", October 1976.)

A survey by E. Hariton (1972) found that up to 49% of women fantasize about submissive scenarios during sexual intercourse with 14% doing so frequently. (E. Hariton, "Women's Fantasies During Sexual Intercourse with their Husbands: A Normative Study with Tests of Personality and Theoretical Models'" unpublished doctoral dissertation, City University of New York.)

Paul H. Gebhard, is an anthropologist and was the executive director of the Institute for Sex Research at Indiana University from 1956 to 1983. Gebhard noted in Fetishism and Sadomasochism (Dynamics of Deviant Sexuality, 1969, pg. 79.) that "consciously recognized sexual arousal from sadomasochistic stimuli are not rare." The Institute for Sex Research found that one in eight females and one in five males were aroused by sadomasochistic stories.

In 1929, Hamilton's marriage habits survey reported that 28% of men and 29% of women admitted they derived "pleasant thrills" from having some form of "pain" inflicted in them. (G.V. Hamilton, A Research in Marriage, Boni, New York.)

Published in What is SM

You do not have to be afraid of people who engage in SM. SM players are doctors, lawyers, teachers, construction workers, fire fighters, secretaries and everything else you can imagine.

 

In her 1983 book Erotic Power, sociologist Gini Scott examined the dynamics of the heterosexual SM subculture.

She stated: "Unlike the psychiatrists and psychologists who deal primarily with psychologically troubled individuals who are also interested in D&S [Dominance and Submission], I did not find them to be psychologically troubled or socially inept; rather, a spirit of good humor and fun prevailed, and the participants appeared to be mostly attractive, quite ordinary-looking people who had ordinary relationships outside the D&S scene... A vast variety of people with a diverse range of erotic interests participate in sadomasochiSM. Their backgrounds, activities and attitudes are quite unlike the social stereotype that depicts sadomasochiSM as a form of violence, mischief, or mayhem perpetrated by the psychologically unstable who seek to hurt others or to be hurt themselves... At the core of the community are mostly sensible, rational respectable, otherwise quite ordinary people. Thus, quite unlike its public image, the community is a warm, close and supportive one."

Gini Scott (1983). Erotic Power, Citadel Press: pg. x.

Published in What is SM

The Psychiatric Opinion About SM

 

In recent years as more research has been published, the mental health and medical communities have begun to accept that SM is a safe, legitimate pursuit.

 

According to the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders (DSM-IV) which defines currently recognized mental disorders, SM per se is NOT a mental disorder. In their diagnostic criteria for both sexual masochism and sexual sadism, the DSM-IV states that SM only becomes a diagnosable dysfunction when:

"the fantasies, sexual urges, or behaviors cause clinically significant distress or impairment in social, occupational or other important areas of functioning."

 

In addition, the DSM-IV clearly allows for non-pathological sexual behavior:

 

"a paraphilia must be distinguished from the non-pathological use of sexual fantasies, behavior or objects as a stimulus for sexual excitement."

 

[The entire diagnostic criteria for sexual masochism and sexual sadism are reproduced Appendix A.]

Published in DSM Resources
Domestic violence is a pattern of intentional intimidation of one partner to coerce or isolate the other partner without consent. Abuse tends to be cyclical in nature, escalates over time, and characterized by apologies between the episodes that it will never happen again.
SM is not abuse or domestic violence because:
  • SM is voluntary. The partners agree to erotic power exchange of their own free will and choice. Either partner is free to leave at any time. The fact that SM relationships do split (amiably or not) without retaliation or violence supports the importance of this distinction.
  • SM is consensual. All partners involved agree to what is going to happen. Discussion of limits is usual and customary. Violation of those limits is a serious offense within the SM community.
  • SM partners are informed. Participants involved in erotic power exchange have an understanding of the possible consequences.
  • SM partners ask for and enjoy the behavior; they are often disappointed if the behavior does not happen. There is no apology for the behavior after it is over, rather both partners are happy and satisfied that it occurred.
  • SM partners take great care to make sure that their activities are as safe as possible. To truly damage their partner would deny themselves of being able to participate in the behavior. Individuals that violate their partners limits soon find that they are lacking partners in which to engage in the behavior. To emphasize the point, SM groups frequent hold educational meetings on how to safely engage in the behavior.
 
Nonetheless, as with any group of people, you will find cases of domestic violence among SM practitioners. The organized SM-Leather-Fetish community does not condone domestic violence and actively encourages victims and abusers to seek help.
 
Sociologist Thomas S. Weinberg is the author of numerous professional articles on human sexuality in various scholarly journals. In Studies in Dominance & Submission, Dr. Weinberg says:
 
"While the individuals we have discussed are different in many ways there are, nevertheless, some common themes running through them. These similarities are all related to S&M as a form of social interaction. For example, the importance of learning both attitudes and techniques through a socialization process is evident in all of these [sigma] In order for an S&M scene to be successful, from the viewpoint of both partners, it must be collaboratively worked out. Unless there is satisfaction on the part of both master (or mistress) and slave, the relationship will terminate. Thus, there must be agreement on the scene and consent given by both parties. Adjustments must be made by participants so that they are both stimulated."
 
Thomas S. Weinberg (1995). Studies in Dominance & Submission, Prometheus Books: pg. 89.
Published in What is SM

SM-Leather-Fetish educational and social organizations consider the cornerstone of SM activity to be the guidelines: "safe, sane, and consensual." While it is possible to do any activity in a reckless and dangerous manner, SM is no more dangerous than skiing or other thrilling activities.

Safe

Safe is being knowledgeable about the techniques and safety concerns involved in what you are doing, and acting in accordance with that knowledge. Safety includes the responsibility of protecting yourself and your partner from STD (sexually tranSMitted disease) infection including the HIV virus.

While the media often portrays the more extreme SM behaviors, the reality is that a lot of SM play never goes beyond a playful spanking. Just as there are ways to reduce the risk in activities such as scuba diving or driving a car, there are ways to reduce the risk and engage in SM behavior safely.

The organized SM community is active in promoting safety seminars and teaching the practitioners how to engage in these behaviors safely. The fact that SM practitioners are not clogging the emergency rooms every weekend, is an indication that these programs are working. If SM injuries were occurring, it seems obvious that the press would be highlighting this for the entertainment of its readers/viewers.

Sane

Sane is knowing the difference between fantasy and reality. Fictional accounts of SM are often distorted for fantasy sake, and are not representative of real situations and relationships.

Sane also distinguishes between mental illness and health. A real distinction between mental illness and health is when a behavior pattern causes problems in a person[base ']s life. Washing your hands until the skin is peeling off, or so frequently that you can not otherwise function is a sign mental illness. SM, like any other behavior, can be a sign of psychiatric problems. However the vast majority of its practitioners find that SM enriches and promotes functionality in the other areas of their life.

Consensual

Consensual is respecting the limits imposed by each participant at all times.

Consent is the prime ingredient of SM. One difference between rape and heterosexual intercourse is consent. One difference between violence and SM is consent. The same behaviors that might be crimes without consent are life-enhancing with consent.

The type and parameters of control are agreed upon by the people involved, and the ongoing consent of all participants is required. Some practitioners use a safeword, which is a designated word that signals the scene must slow down or stop.

Rick Houlberg writes in "The Magazine of a Sadomasochism Club: The Tie That Binds":

"The only 'cardinal' rules which the Club's membership insists each member must uphold are that all SM activities must be consensual, nonexploitative, and safe. As children are not considered to be able to consent, all activities must be between adults. The consensual and safety rules of the Club are constantly being reinforced. Safety and etiquette issues, including restrictions on overt and heavy drug use, are strongly stressed at new-member orientations and in all written materials produced by the Club."

Rick Houlberg (1993). "The Magazine of a Sadomasochism Club: The Tie That Binds." Journal of Homosexuality 21 (1/2), Haworth Press: pg. 167-83.

Published in What is SM

SM is a sexual orientation or behavior among two or more adult partners. The behavior may include, but is not limited to, the use of physical and/or psychological stimulation to produce sexual arousal and satisfaction. Usually one partner will take an active role (top or dominant) and the other will take a passive role (bottom or submissive). SM practitioners can be heterosexual, bisexual, homosexual, transgendered or intersex individuals.

 
SM is not easily defined; the range of behaviors are quite broad and most participants do not enjoy all of the activities or roles. The problems with the definition are discussed at length in an article by Weinberg, Williams and Moser. They found five features present in most SM interactions they studied:
  • Dominance and submission - the appearance of rule and obedience of one partner over the other
  • Consensuality - a voluntary agreement to enter into SM "play" (interaction) and to honor certain "limits" (ground rules of how involved and in which direction the play can proceed);
  • Sexual content - the presumption that the activities have a sexual or erotic meaning;
  • Mutual definition - the assumption of a shared understanding by the participants that their activities are SM or a similar concept;
  • Role playing - the participants assume roles either for the interaction or for the relationship that they recognize are not reality.
 Weinberg, M.S., Williams, C.J., & Moser, C.A. (1984). "The social constituents of sadomasochism." Social Problems, 31, pg. 379-389.
Published in What is SM

By Susan Wright
with contributions from Charles Moser, Ph.D., M.D.

In the last decade, SM awareness has exploded into popular culture. SM is commonly depicted in advertising, books, movies, music, and is becoming commonplace on television. SM has been positively covered by Newsweek, Time, Ms. Magazine, the New York Times and many other national publications. SM fashion accessories have become commonplace, as have jokes about SM play.

Yet separating the truth about SM from the stereotypes can be difficult.

This article is an attempt to educate the public about sadomasochism (SM). The following are some answers about consensual SM that are supported by scientific research.

TABLE OF CONTENTS
  1. SM is a Sexual Orientation or Behavior
  2. SM is Safe, Sane and Consensual
  3. SM is not Domestic Violence
  4. Seeking A Professional
  5. Should I Be Afraid of People Who Enjoy SM?
  6. How Many People Engage in SM Activities?
  7. More Information About SM Activities
  8. Appendix A

 

Published in What is SM

Guidelines intended to help law enforcement and social services professionals understand the difference between abusive relationships vs. SM. Drafted in 1998 at the second Leather Leadership Conference.

 

The following Principles and Guidelines are intended to help law enforcement and social services professionals understand the difference between abusive relationships vs. consensual sadomasochism (SM). SM includes a broad and complex group of behaviors between consenting adults involving the consensual exchange of power, and the giving and receiving of intense erotic sensation and/or mental discipline.

 

SM includes: "intimate activities within the scope of informed consent that is freely given."

 

Abuse is: "Physical, sexual or emotional acts inflicted on a person without their informed and freely given consent."

 

Principles

 

The SM-Leather-Fetish communities recognize the phrase "Safe, Sane, Consensual" as the best brief summary of principles guiding SM practices:

 

Safe is being knowledgeable about the techniques and safety concerns involved in what you are doing, and acting in accordance with that knowledge.

 

Sane is knowing the difference between fantasy and reality, and acting in accordance with that knowledge.

 

Consensual is respecting the limits imposed by each participant at all times. One of the recognized ways to maintain limits is through a "safeword" which ensures that each participant can end his/her participation with a word or gesture.

 

Guidelines

Informed consent must be judged by balancing the following criteria for each encounter at the time the acts occurred:

 

  • Was informed consent expressly denied or withdrawn?
  • Were there factors that negated the informed consent?
  • What is the relationship of the participants?
  • What was the nature of the activity?
  • What was the intent of the accused abuser?
  • Whether an individual's role is top/dominant or bottom/submissive, they could be suffering abuse if they answer no to any of the following questions:
  • Are your needs and limits respected?
  • Is your relationship built on honesty, trust, and respect?
  • Are you able to express feelings of guilt or jealousy or unhappiness?
  • Can you function in everyday life?
  • Can you refuse to do illegal activities?
  • Can you insist on safe sex practices?
  • Can you choose to interact freely with others outside of your relationship?
  • Can you leave the situation without fearing that you will be harmed, or fearing the other participant(s) will harm themselves?
  • Can you choose to exercise self-determination with money, employment, and life decisions?
  • Do you feel free to discuss your practices and feelings with anyone you choose?

 

These guidelines were created by activists and leaders at the Leather Leadership Conference in 1998.

Published in Activist Resources

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
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SM Related Legal Research Resources

SM Related Legal Research Resources

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  • 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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