Duck & Cover - Resources and Links in the Fight for Freedom of Speech
Part 4 of 5
Compiled by Sensuous Sadie
SensuousSadie@aol.com 
www.sensuoussadie.com 

The full series includes:

 

About this Series
In September of 2005, the FBI formed an anti-obscenity task force to crack down on pornography. Any website that has content containing "sadistic and masochistic behavior" can be shut down. Not only can the FBI shut down your website, but they can initiate a criminal prosecution for obscenity, which is a felony and is punishable by jail time. It is this criminal charge that is the most challenging problem for any website owner, because once you are charged by the FBI with the federal offence of obscenity, you are pretty much screwed because the legal costs of defending yourself create an untenable situation. While the first amendment protects free speech, it does not include all speech, such as, for example, yelling "fire" in a crowded auditorium.

 

 


Website Signoff Forms – Courtesy of Photographer Barbara Nitke
Model Release
Model Release/Primary Producer’s Compliance Statement
Photo Statement
Primary Producer’s Compliance Form




National Resources

National Coalition for Sexual Freedom 
http://www.ncsfreedom.org/  
 
American Civil Liberties Union (ACLU)
Advocating individual rights by litigating, legislating, and educating the public on a broad array of issues affecting individual freedom.
http://www.aclu.org/ 

ACLU Action Checklist  **this is a very practical and useful document
The actions listed below are meaningful ways of raising public awareness and shifting policy. They can be undertaken by individuals or groups of interested people. 
http://action.aclu.org/site/PageServer?pagename=AP_action_checklist

ACLU Letter to the House of Representatives Urging a "Yes" Vote on H.R. 1606, the "Online Freedom of Speech Act"
(11/2/2005) Re: VOTE "YES" ON H.R. 1606, THE "ONLINE FREEDOM OF SPEECH ACT
http://www.aclu.org/freespeech/cfr/21193leg20051102.html
 
Letter to House of Representatives Urging Opposition to H.R. 310, the Broadcast Decency Enforcement Act of 2005
http://www.aclu.org/freespeech/gen/11247leg20050215.html


Free Speech Coalition
Organized in 1991, Free Speech Coalition is the trade association of the adult entertainment industry. As a 501 (c)(6) not-for-profit corporation, FSC is funded by membership dues as well as by fundraising efforts.
http://www.freespeechcoalition.com/ 




BDSM Activists & Related Resources

Barbara Nitke's photography website
http://www.barbaranitke.com/ 

Mistress Heart's Website
http://www.mistressheartsf.com/ 

Suicide Girls Article can be found at:
http://www.punknews.org/article.php?sid=13930&mode=thread&order=0&thold=0 

Some Members of BDSM Community Self-Censoring, Citing Obscenity Prosecution Fears, by Connor Young
http://www.ynot.com/modules.php?op=modload&name=News&file=news_article&sid=9853 

Red Rose Stories Closed by FBI, By Jayson Romaine
http://www.xbiz.com/news_piece.php?id=10680 





Kinky Friendly Website Hosts:

 

I've been very happy hosting my website with Doteasy. They're inexpensive, and it's been far easier to manage my website than with previous internet service providers.
~ Sadie

 $0 Web Hosting

 


What is the Communications Decency Act (CDA)?
The Communcations Act was enacted by the U.S. Congress in 1934 which puts it's rather puritanical approach to obscenity in context. Among other initiatives it launched the Federal Communications Commission. This would later morph into the Communications Decency Act (CDA) and in 1997, the Supreme court confirmed that every website on the internet can be held to the CDA standards.

The CDA refers to interstate communications "by means of a telecommunications device knowingly makes, creates, or solicits, and initiates the transmission of, any comment, request, suggestion, proposal, image, or other communication which is obscene, lewd, lascivious, filthy, or indecent… knowing that the recipient of the communication is under 18 years of age, regardless of whether the maker of such communication placed the call or initiated the communication… uses any interactive computer service to display in a manner… or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs.

The CDA is nearly 4500 words, so included below is a link below to the full text.
*Taken from the Electronic Privacy Information Center
http://www.epic.org/free_speech/CDA/cda.html

** Please note that I am unclear on the current legal status of this law and it is a complex issue. The notation on the website above states that the law was struck down, but since the NCSF continues to fight this issue, it is clearly not quite as struck down as it might appear.


 

 

 



Sensuous Sadie is the author of It's Not About the Whip: Love, Sex, and Spirituality in the BDSM Scene. Read an excerpt at http://www.trafford.com/robots/03-0551.html. She is the founder and leader (1999 - 2001) of Rose & Thorn, Vermont's first BDSM group. Comments, compliments and complaints, as well as requests for reprinting can be addressed to her at SensuousSadie@aol.com or visit her website at www.sensuoussadie.com. Sadie believes the universe is abundant, and that sharing information freely is part of this abundance, so she allows reprints of her writing in most venues.

Copyright 2005 Sadie Sez Publications