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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 government requested that the Supreme Court affirm the lower court decision against Nitke vs. Gonzales, arguing that the case should move forward with only a limited briefing without argument. NCSF filed a response this week contending that the Supreme Court should order a full briefing and oral argument to hear all the facts in this important First Amendment lawsuit.

Now is the time to support NCSF! NCSF needs funds to continue providing operating support for the CDA lawsuit, commenced in 2001 and now finally before the U.S. Supreme Court. Donations also fund our constituency services: NCSF's Incident Response program helps over 700 people a year, and the weekly Media Updates alert subscribers about news articles dealing with SM, polyamory and swinging.

Full text of the governments Motion to Affirm and NCSF's reply can be found under our CDA coverage area.

Please urge your group to hold a fundraiser for NCSF. You can also mail a personal donation or log onto the NCSF website to donate: Donations NCSF appreciates your support!


NCSF is dedicated to proactively challenging the rise in obscenity and pornography prosecutions, including filing an Amicus Briefs in support of Extreme Associates, and supporting the Free Speech Coalition's injunction filed against the expanded record-keeping provisions of 18 U.S.C. B' 2257.


A project of NCSF and the NCSF Foundation


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


National Coalition for Sexual Freedom

822 Guilford Avenue, Box 127

Baltimore, MD 21202-3707

410-539-4824

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www.ncsfreedom.org

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Why You Should Care

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

How You Can Help

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