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 © 2025 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

Missouri Lawmaker Attempts to Revive 'Health Warnings' for Adult Sites

A Missouri state representative has introduced a bill that would require adult sites to post notices warning users of alleged physical, mental, and social harms associated with pornography, despite a previous federal court ruling against such requirements.

New Age Verification Service 'BorderAge' Launches

French startup company Needemand has officially launched its subscription-based age verification solution, BorderAge.

Ruling: Italy's 'Porn Tax' Applies to All Content Creators

Italy’s tax revenue agency has ruled that the nation’s 25% “ethical tax” on income generated from adult content applies even to smaller independent online content creators.

Proposed New Hampshire AV Bill Appears to Violate Constitution

A bill in the New Hampshire state legislature, aimed at requiring adult sites to age-verify users in that state, contains a provision that seemingly contradicts the Supremacy Clause in Article VI of the U.S. Constitution.

AEBN Publishes Report on Fetish Trends

AEBN has published a report on fetish categories from its straight and gay theaters.

Online Child Protection Hearing to Include Federal AV Bill

A House subcommittee will hold a hearing next week on a slate of bills aimed at protecting minors online, including the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law.

Industry Photographer, 'Payout' Founder Mike B Passes Away

Longtime industry photographer and publisher Michael Bartholomey, known widely as Mike B, passed away Saturday.

FSC Announces 2025 Board of Directors Election Nominees

The Free Speech Coalition (FSC) has announced the nominees for its 2025 Board of Directors election.

AdultHTML Launches Black Friday Web Design, Development Promo

AdultHTML has launched its annual Black Friday/Cyber Monday promo for web design and development, running through Dec. 5.

Canada Exempts Online Adult Content From 'CanCon' Quotas

The Canadian Radio-television and Telecommunications Commission (CRTC) has updated its broadcasting regulatory policies, exempting streaming adult content from “made in Canada” requirements that apply to other online material.

Show More