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

Spicey AI Relaunches Site, Debuts $Spicey Tokens

Interactive voice chat platform Spicey AI has relaunched its website and introduced $Spicey tokens.

FSC: Missouri Age Verification Rule Will Not Take Effect August 30

The Free Speech Coalition (FSC) announced that Missouri's proposed age verification legislation will not take effect on August 30, as it had originally estimated.

Little Caprice, Marcello Bravo to Co-Host 2025 XMA Europa Awards

XBIZ is pleased to announce that husband-and-wife duo Little Caprice and Marcello Bravo will co-host adult’s biggest night in Europe: the 2025 XMA Europa Awards on Sept. 4, in the epic climax to XBIZ’s fall events series.

Germany Will Block Payments to AV-Noncompliant Adult Sites as of Dec. 1

Starting Dec. 1, Germany will implement new rules prohibiting financial institutions from providing payment services to adult sites deemed to have inadequate age verification systems and making it easier for the government to target websites mirroring the content of such sites.

Jerkmate Joins Pineapple Support as Partner-Level Sponsor

Jerkmate has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

FSC Launches Age Verification Toolkit for Adult Websites

The Free Speech Coalition (FSC) announced today that it has launched a comprehensive toolkit to help adult websites navigate age verification laws.

Romero Mr. Alien to Present XBIZ Talk at Amsterdam Conference

XBIZ is pleased to announce that noted producer/director Romero Mr. Alien, the impresario of the XMAs award-winning studio Hentaied, will present an exclusive talk at next month’s Amsterdam conference.

New Fansly Analytics Platform 'SlyKiwi' Launches

SlyKiwi, a new analytics platform exclusively designed for Fansly content, has officially launched.

FPNCash Appoints Kimi Evans Head of Business Development

FPNCash has appointed Kimi Evans as its new head of business development.

CamModelDirectory Launches Platform Upgrade

CamModelDirectory has launched its CMD 3.0 platform upgrade.

Show More