She fought the law, and the law won.
My friend, artist Barbara Nitke, fought an unfair obscenity law all the way to the supreme court only to have them refuse to act on it. From her letter:
Read the full details here
See Barbara Nitke's work here
Find out about NItke's co-plaintiff the National Coalition for Sexual Freedom here
I am deeply disappointed. I believe their decision was motivated by the current political climate, and not based on our constitution or the law. The good news is that we have proven that the current obscenity laws don't work and we've changed the way future obscenity cases will be judged . We have also brought public attention to our government's attempt at criminalizing free speech on the Internet.
--[some background]--
This law makes it a felony crime in the United States to put obscene material on the Internet, in effect criminalizing free speech. Material is obscene if it is found by a jury to appeal to the prurient interest in sex and be patently offensive according to local community standards, and if it does not have serious literary, artistic, political or scientific social value (usually called the SLAPS test). These standards for judging obscenity were established in the 1973 Supreme Court ruling, Miller v. California....
When I decided to create a website of my fine art photography work in early 2001, I asked John Wirenius and other lawyers what they thought would be legally permissible. I was told that my images of loving SM couples and people behind the scenes on porn sets might be acceptable in New York where I live, but obscene to people living in other areas. Therefore it was impossible to say what was safe for me to put on a website and be within the law.
Read the full details here
See Barbara Nitke's work here
Find out about NItke's co-plaintiff the National Coalition for Sexual Freedom here









0 Comments:
Post a Comment
Links to this post:
Create a Link
<< Home