U.S. Justices Won’t Ax Internet Obscenity Law

WASHINGTON — The U.S. Supreme Court without comment rejected an appeal from fetish photographer Barbara Nitke, who claimed a federal decency law violated her 1st Amendment rights to post pictures of sadomasochistic sexual behavior on the web.

U.S. justices could have used the case to set online obscenity standards.

Nitke and the National Coalition for Sexual Freedom contended that the Communications Decency Act of 1996 was too broad and vague in its scope. Attorney John Wirenius also contended her work is art that is not obscene.

Wirenius told the justices that if they turned down the case, “many more Internet users will likely face the constitutionally unsupportable choice faced by Ms. Nitke: either to censor her published images or risk prosecution.”

Nitke and Baltimore-based NCSF to date have asked the 2nd U.S. Circuit Court of Appeals, two U.S. District Court judges and now the U.S. Supreme Court to find the CDA unconstitutional.

The obscenity law requires that those sending obscene communications on the Internet take reasonable actions to keep it away from children, such as requiring a credit card, debit account or adult access code as proof of age.

As the CDA is written, a communication is obscene if according to each community’s standards it appeals to the prurient interest, depicts or describes sexual conduct in an offensive way and lacks serious literary, artistic, political or scientific value.

The law requires that those disseminating material on the Internet take reasonable action to restrict access to obscenity through credit cards, debit accounts or adult access codes as proof of age.

According to a lower-court ruling, there are at least 1.4 million websites that mention bondage, discipline and sadomasochism.

The Bush administration had urged justices to stay out of the case.

The case is Nitke vs. Gonzales, 05-526.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Elly Clutch, Girthmasterr to Host 2026 XMA Creator Awards

XBIZ is pleased to announce Elly Clutch and Girthmasterr as co-hosts of the 2026 XMA Creator Awards, presented by premium creator platform Fansly.

FSC: TAKE IT DOWN Act Provisions Take Effect May 19

The Free Speech Coalition has issued a reminder notice that the notice-and-removal requirements of the federal TAKE IT DOWN Act will go into effect on May 19.

Venus Berlin Joins ASACP as Media Sponsor

Venus Berlin has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

XBIZ Miami's Host Hotel Sold Out; Additional Hotel Added

Guest rooms at XBIZ Miami’s exclusive conference venue, Goodtime Hotel in South Beach, are now completely sold out.

Penthouse Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of Penthouse World Media in a case against a website using an infringing domain.

'Collective Corruption' Relaunches Through PAYSITE

Fetish and BDSM membership site Collective Corruption has relaunched through PAYSITE.

RocketGate Taps Joël Drapeau for Senior Account Executive Role

Payment processing company RocketGate has hired industry veteran Joël Drapeau as its new account executive for business development and client relations.

VR Reloaded: Inside the Next Era of Immersive Adult Entertainment

For years, virtual reality in adult entertainment hovered somewhere between “quirky novelty” and “exciting promise of things to come.” While the technology hinted at a radically different way to experience erotic media, early experiments often required bulky headsets, complicated downloads, and production techniques that weren’t yet quite up to the task.

Pineapple Support Names Ocean Hanx Brand Ambassador

Pineapple Support has named creator Ocean Hanx as its newest brand ambassador.

Meta Restores Playboy Germany Facebook Page After Court Order

The Facebook page of Playboy Germany, the German-language edition of the magazine, is now back online after a two-month suspension by Meta, following an order by the Düsseldorf Regional Court.

Show More