FOR IMMEDIATE RELEASE
For Information Contact:
Susan Wright, Spokesperson, susanw@ncsfreedom.org,
917.848.6544
New York, July 26,
2005 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 CDA.
According to the decision handed down by the Federal
District Court for the Southern District of NY, in
case #01 CIV 11476 (RMB): "The plaintiffs have
offered evidence that there are at least 1.4 million
Websites that mention "BDSM" (bondage,
discipline, and sadomasochism)... The plaintiffs
have submitted images and written works that represent
material posted to a small number of Websites, that
they contend may be considered obscene in some communities
but not in others. These examples provide us with
an insufficient basis upon which to make a finding
as to the total amount of speech that is protected
in some communities but that is prohibited by the
CDA because it is obscene in other communities."
The court agreed that NCSF members and Barbara
Nitke are genuinely at risk of prosecution under
the CDA and that their speech has in fact been inhibited.
According to the decision: "Nitke's fear that
the CDA will be enforced against her is actual and
well-founded. She has submitted objective evidence
to substantiate the claim that she has been deterred
from exercising her free-speech rights, and this
fear is based on a reasonable interpretation of the
CDA... NCSF has submitted objective evidence that
one of its member organizations, TES, has been deterred
from exercising its free-speech rights and that this
deterrence is based on a well-founded fear that the
CDA would be enforced against it."
John Wirenius, attorney for the plaintiffs, says, "We
are disappointed that the court did not act on the
uncontradicted evidence we presented that artists
and citizens who are sexual minorities are disproportionately
censored by the Government's ability to pick its
own forum and standard for obscenity cases. The government
brings obscenity cases where it knows it can get
convictions."
"I am appalled by this decision," says
co-plaintiff Barbara Nitke, a fine art photographer
who explores sexual relationships in her work. "It
is vitally important to keep the Internet free for
education, the arts and open discussion on sexual
topics. This law is a form of unfair censorship that
must be stopped. I am absolutely going to appeal
this."
NCSF challenged against the CDA law because personal
websites and chat groups that include discussions
and images of SM, swinging or polyamory are at risk
of prosecution. Membership groups that maintain educational
websites about adult sexuality are also at risk.
Under the Bush administration, nearly 40 prosecutors,
as well as investigators and FBI agents are spending
millions of dollars to bring anti-obscenity cases
to courthouses across the country for the first time
in 10 years. Obscenity is judged by "local community
standards," which means that a religious political
extremist in the Midwest can claim that a website
from San Francisco is obscene and therefore illegal.
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. ¤ 2257.
A project of NCSF
Barbara Nitke - www.barbaranitke.com
###
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
Telephone: 410-539-4824
Media hotline: 917-848-6544
media@ncsfreedom.org
www.ncsfreedom.org
If you would like to donate to the
CDA lawsuit expenses, go to: http://www.ncsfreedom.org/donations.htm
Every
dollar goes directly to ensuring free speech on the
Internet!