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MasterZChicago -> Supreme Court Decision in the Communications Decency Act (CDA) (3/20/2006 11:30:38 PM)
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National Coalition for Sexual Freedom
Contact:
Susan Wright, NCSF Spokesperson
(917) 848-6544
Supreme Court Decision in the Communications Decency Act (CDA)
March 20, 2006 - Washington D.C. b 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.
The NCSF and Nitke lawsuit was successful in weakening the Miller standard of
judging obscenity: the District Court for the Southern District of NY made a
factual finding that the SLAPS prong of Miller does not provide protection against
prosecution as it was intended to do. The Miller decision (1973) stated that
materials were constitutionally protected if the work, taken as a whole,
has "serious literary, artistic, political, or scientific value." However the
District court accepted evidence from NCSF and Nitke that prosecutors and juries in
more restrictive communities are less likely to extend protection to artistic and
literary materials that are outside the mainstream of traditional sexuality.
"We have proven that Miller does not work," says Susan Wright, Spokesperson for
NCSF. "But the Supreme Court has declined to strike it down at this time. That
means every website on the Internet can be judged by the most repressive local
community standards in the U.S."
The Supreme Court decision shows the importance of supporting NCSF, one of the few
organizations proactively fighting obscenity laws. The CDA makes it a crime to post
obscenity on the Internet because those materials may be viewed by children. NCSF
and Nitke believe that adults should have the right to post and view sexually
explicit materials involving consenting adults on the Internet.
"We knew that the Bush administration was laying its plans to prosecute sexually
explicit material on the Internet," says John Wirenius, attorney for the
plaintiffs. "By filing our lawsuit in 2001, we may have slowed the Justice
Department from prosecuting obscenity in 2002-3, but the number of obscenity
prosecutions has steadily increased ever since. We believe in fighting this battle
and we took our fight all the way to the Supreme Court."
"I think we've achieved a great victory in drawing attention to how politicized our
judicial system has become," says co-plaintiff Barbara Nitke, a fine art
photographer who explores sexual relationships in her work. "Our obscenity laws are
outmoded, especially in conjunction with the Internet. We've made a huge dent in
how obscenity will be judged in the future, and I hope others will now stand up and
continue to fight against repressive laws like this."
NCSF and Barbara Nitke would like to thank everyone who contributed to fund this
important lawsuit, as well as the many dedicated witnesses and lawyers who assisted
in bringing this case to court. In particular, NCSF and Nitke thank John Wirenius
for his outstanding efforts in this case and his dedication to First Amendment
rights. NCSF intends to continue the fight against obscenity laws in the U.S.
National Coalition for Sexual Freedom - www.ncsfreedom.org
Barbara Nitke - www.barbaranitke.com
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A project of NCSF
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
[email protected]
www.ncsfreedom.org
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POSTED BY:
Master Z
National Coalition for Sexual Freedom
Board of Directors and
Coalition Partner Representative
http://www.ncsfreedom.org/
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