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MasterZChicago -> NCSF and Barbara Nitke File Amicus Brief in "United States vs. Extreme Associates" (5/26/2005 9:50:14 AM)
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PLEASE CROSS POST
FOR IMMEDIATE RELEASE
NCSF and Barbara Nitke File Amicus Brief in "United States vs. Extreme Associates"
May 26, 2005 - New York, NY - The obscenity case against Extreme Associates was
dismissed by a Federal judge in Pittsburgh, PA, in January, 2005. But the battle
isn't over yet: U. S. Attorney Mary Beth Buchanan has appealed to the U.S. Court of
Appeals for the Third Circuit. NCSF and Barbara Nitke have joined the fight
challenging the constitutionality of obscenity laws by filing an Amicus Brief in
the appeal.
In his historic decision on Extreme Associates, U.S. District Court Judge Gary
Lancaster ruled that obscenity laws are unconstitutional as applied to this
prosecution based on the Supreme Court decision "Lawrence v. Texas" which abolished
sodomy laws. "Lawrence v. Texas" said in effect that the government can no longer
use "public morality" as a rationale for suppressing what adults may legally do in
private.
The NCSF and Nitke Amicus Brief supports Judge Lancaster's opinion and makes the
following points:
1) The government cannot pick and choose which subjects of speech it wants to
regulate and limit. Under this argument, the government should not be allowed to
restrict SM pornography more strictly than vanilla pornography.
2) Obscenity is judged by "local community standards" which cannot be applied on
the internet because that means the most restrictive community in the U.S. could
impose its view of obscenity on the entire internet.
3) As a result of "Lawrence v. Texas" the government can no longer criminalize
private "activities" such as consensual sodomy. Therefore, the government cannot be
allowed to criminalize "speech" (words and images) regarding those activities. What
justifies this attempt by the government to ban speech which discusses and
describes activities which are now legal?
To read NCSF and Nitke's Amicus Brief, go to the NCSF website:
http://www.ncsfreedom.org/pdf/Extreme_Motion_and_Brief.pdf
For more information on the NCSF and Barbara Nitke Communications Decency Act
lawsuit, go to:
www.ncsfreedom.org/CDA/index.htm
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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
Media hotline - 917-848-6544
[email protected]
www.ncsfreedom.org
Posted by
Master Z
Leather SINS Social Club (NCSF CP)
Co-Founder & President
http://leathersins.com
National Coalition for Sexual Freedom
Coalition Partner Representative
http://www.ncsfreedom.org
Master Z's BDSM Resource Guide
http://www.masterzchicago.com
Master Z's Bio
http://www.masterzchicago.com/bio1.html
SINSations In Leather
Event Director & Chairman
http://www.sinsationsinleather.com
Kinky Kollege
Event Director & Chairman
http://www.kinkykollege.com/
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