Nitke v. Gonzales: On December 11, 2001, the NCSF filed a lawsuit in New York City's federal court with
Barbara Nitke, a New York City artist who has been exploring issues of sexual relationship and desire through photography since 1982. This historic lawsuit against The United States of America challenged the constitutionality of the CDA's obscenity statutes on the grounds that they violate the free speech of Internet content providers and inhibit the discussion of sexual issues on the Internet among consenting adults. The attorney for the case is John Wirenius, author of
First Amendment, First Principles: Verbal Acts and Freedom of Speech (Holmes & Meier Publishers, Inc., 2000).
United States, Appellee v. Miles: On March 25, 2014, NCSF successfully motioned to file a brief as
amicus curiae in support of appellant's petition for grant of review in a military case involving a marine who engaged in what he claimed to be a consensual threesome, and because of that was convicted of adultery, attempted sodomy and indecent conduct, a crime based solely on undefined sexual conduct inconsistent with “common propriety.” NCSF argued in its amicus curiae that the conviction of LCpl Miles for attempted sodomy under Article 134, UMCJ, violated his constitutional liberty as defined by the U.S. Supreme Court in
Lawrence v. Texas, and that the UMCJ provisions concerning consensual, non-injurious sexual conduct are inconsistent with current sexual mores in American society. Nevertheless, in an unpublished opinion, the Navy-Marine Corps Court of Criminal Appeals rejected Miles' appeals on August 21, 2014 and affirmed his sentence. The court noted that despite Miles being acquitted of aggravated sexual assault, abusive sexual contact, and wrongful sexual contact, the facts of the case did not support a description of Miles' sexual acts as "consensual". ==Awards==