Showing posts with label free speech. Show all posts
Showing posts with label free speech. Show all posts

Tuesday, March 10, 2009

An Editor



I’m grateful that many people I know in a professional capacity are writing notes in support of my right to free expression. Most of these notes are too specific about my career to post, but here’s one that speaks to the content of this blog. I’ve withheld the writer’s name for reasons of discretion.

To whom it may concern,

I am a writer and editor who worked in publishing for thirty years. I first encountered the man behind Jefferson in two-thousand-and-three when he wrote an article for the newspaper where I served as Editor. The final piece was well reported, well written and insightful, and we gave it a full page.

In early two-thousand-and-five, he told me that he was also writing a blog, One Life, Take Two, under the pseudonym “Jefferson.” I visited the site and read it from time to time. I found his stories and vignettes about his children charming and light-hearted, with a gentle edge of irony. I was personally less interested in other stories that were more explicit in terms of sexual diversity, though I thought they were also well done. I understood the literary effect he was after in the juxtaposition of these two story lines: by writing about parenting, he put a human face on the character he was developing. “Jefferson” comes across as an ordinary man in circumstances some readers would find extraordinary.

I understand that he is now being asked to curtail his writing. This strikes me as unfortunate, as creative artists should not have to limit themselves and their freedom of expression in order to meet the requirements of a court or an unhappy former spouse, requirements that might fluctuate from case to case. Certainly a writer of his proven ability should be allowed to write freely. I don’t want to imagine an America where literature devoid of fiber is the unavoidable result of being forced through a sieve of censorship and repression.

Sincerely,

An Editor

Make an ANONYMOUS, TAX-DEDUCTIBLE contribution to Jefferson’s legal defense by visiting the Sexual Freedom Defense and Education Fund at:

Sexual Freedom Legal Defense and Education Fund

Please remember to specify that your donation is earmarked for the Jefferson Legal Defense Fund. The Sexual Freedom Legal Defense and Education Fund affirms that these earmarked donations are tax deductible.

Wednesday, March 04, 2009

Barbara Nitke



I’ve long been an admirer of the photography of Barbara Nitke, both for its artistry and for its message of emphasizing the humanity of people in alternative sex communities. I was also struck by her bravery in defending free speech in challenging the constitutionality of the Federal Communications Decency Act of nineteen ninety-six, which regulates indecency and obscenity online. This was a fight closely watched by those in the arts and by those of us who publish online.

Barbara is an inspiration to those who care about freedom of expression, no matter the artist’s chosen media. She is kind enough to offer her support to my current battle.


To whom it may concern,

I am a professional photographer on the faculty of the School of Visual Arts in New York. My work has been the subject of one-woman exhibitions in New York, New Orleans, Baltimore, Provincetown and Philadelphia. My subjects include fashion, editorial and portraiture. Since nineteen eighty-two, I have also documented human sexuality.

I have known the man behind Jefferson for nearly a decade, first in a professional capacity and now as a friend. I’ve always been impressed by his intellectual curiosity and the respect and care he brings to sensitive subject matter.

These qualities continue to impress me as I’ve come to know his work as “Jefferson.” I’ve read his blog, attended his classes and observed his interactions with others. He brings great intelligence, humor and warmth to all of these. His blog is regarded as essential reading by those in the sex-positive community. Whereas other texts seek to teach by instruction, One Life, Take Two does so by example. Readers learn as “Jefferson” learns. We follow him through his passions, his upsets and his joy in the everyday, particularly in his stories about parenting. As a fellow artist, I fully respect the power of his documentary approach.

If anyone has exemplified responsibility in writing on sex and sexuality, it is Jefferson. I strongly support his right to continue writing freely.

I know the struggles Jefferson now faces. I was co-plaintiff in Nitke v Gonzalez, 413 F. Supp.2d 262 SDNY (2005), as we brought a pre-enforcement challenge to the Federal Communications Decency Act (CDA) on the ground that it was unconstitutionally overbroad. While I succeeded in proving that I had standing to bring that pre-enforcement challenge, unfortunately, the court held us to an impossible burden of providing "sufficient" evidence regarding "the total amount of speech that is implicated by the CDA and the amount of protected speech lacking in serious value, but potentially not patently offensive or appealing to the prurient interest in all communities."

While we did not completely succeed in that case, the struggle to protect free speech and freedom of expression continues. I am heartened that many of the organizations and activists allied with me in that case are now rallying around Jefferson to support him in his current battle to preserve both his joint child custody and his freedom of speech and expression protections. Any silencing of Jefferson is a loss for art, free speech and the personal freedoms we cherish so much here in the United States of America.

Sincerely,

Barbara Nitke

Make an ANONYMOUS, TAX-DEDUCTIBLE contribution to Jefferson’s legal defense by visiting the Sexual Freedom Defense and Education Fund at:

Sexual Freedom Legal Defense and Education Fund

Please remember to specify that your donation is earmarked for the Jefferson Legal Defense Fund. The Sexual Freedom Legal Defense and Education Fund affirms that these earmarked donations are tax deductible.

Monday, March 02, 2009

Lori Perkins



Thanks to Lori Perkins for contributing this letter in support of the literary and social merits of
One Life, Take Two.

To whom it may concern,

I have been a literary agent for the past twenty-one years, and an adjunct professor of journalism and publishing at New York University for two decades. I am also the author of four books and the editor of five anthologies.

I have followed Jefferson’s writing in One Life, Take Two since two thousand and six.

In my view, blogging has created a revolution in literature. The ability of authors to publish their own work has broken down barriers between writer and reader to such an extent that writers are able to immediately adapt to the responses of the audiences they create. Now and then, a writer comes along with an extraordinary understanding of his medium and his audience. I believe that Jefferson is just such an author.

Jefferson’s writing on parenting and sexuality has inspired a movement. Many other writers have begun to publish openly and honestly about their lives in both capacities, having learned from the insights and craft of Jefferson’s work. He has inspired them not only with his output but also directly from teaching and offering advice and encouragement when highlighting other writers in his weekly roundups of the best erotic writing he finds online. It is no exaggeration to say that in this literary movement, he combines the literary community of a Maxwell Perkins, the social center of a Gertrude Stein and the insider knowledge of a Walter Winchell.

Jefferson’s influence is most apparent in the blossoming of blogs about parents who write on sexuality and family life. These parents may be married or single, gay or straight, monogamous or polyamorous. But many can point to the example of Jefferson as a catalyst that led them to tell their stories.

Any curtailment of the work of this gifted, prolific and admired writer would be a setback for the community he has helped to create, and for literature at large. There is also no question that putting shackles on this author would be detrimental to his career and earning potential.

Sincerely,

Lori Perkins

Make an ANONYMOUS, TAX-DEDUCTIBLE contribution to Jefferson’s legal defense by visiting the Sexual Freedom Defense and Education Fund at:

Sexual Freedom Legal Defense and Education Fund

Please remember to specify that your donation is earmarked for the Jefferson Legal Defense Fund. The Sexual Freedom Legal Defense and Education Fund affirms that these earmarked donations are tax deductible.

Thursday, September 25, 2008

Psychiatric Fees



Does someone involved in BDSM or polyamory do so due to pyschopathology? That question will be addressed in the next phase of our custody case.

As anticipated, the judge has ordered psychiatric evaluations of each parent. In my case, this is called for due to the BDSM and polyamorous activities described in my blog.

As we go through this phase, each parent will meet individually with the psychiatrist for multiple sessions. How many sessions has yet to be determined, but it will be an extensive process. We are to make available all past and current medical and therapy records. We are told to expect that this process will take at least ninety days. So, come Christmas, we’ll likely still be at it.

While we hope that the law guardian, plaintiff's attorney and my own attorney can agree on a psychiatrist to conduct these studies at a reduced fee rate requested by the court, apparently there are not many doctors willing to accept those lower fees.

So far, we are being quoted standard or slightly reduced charges somewhere between four hundred and six hundred dollars an hour. This process generally involves ten to twenty hours of sessions for each parent. I’m responsible for paying half the total cost, and so face bills between four thousand and twelve thousand dollars.

I’m perfectly confident that, like the great majority of people involved in BDSM and/or polyamory, my sexuality is not compelled by pathology. I am confident that my sexuality does not adversely affect my abilities as a parent. I take great joy in the fact that my children are well adjusted and thriving.

That said, I appreciate the court’s desire to err on the side of caution when the best interests of children are concerned. The court should be assured of each parent’s mental health as we go forward in this matter.

Your support of my legal fund is most appreciated in this phase. While each parent undergoes this extensive process of psychiatric evaluation, there are not likely to be dramatic events to report. For the next ninety days or so, we will each be in private sessions. We won’t have an outcome to report until that concludes.

During this phase, your contributions will go to the psychiatrist as well as to the children’s law guardian and my own attorney.

After this phase, we will be faced with concerns directly relating to free speech and custody: what will the court decide about this parent’s right to write about parenting and sexuality in this blog?

Please feel free to post this appeal (or links to it) on your blogs, and to spread the word within groups and networks concerned with parenting, sexuality and free speech.

Make an ANONYMOUS, TAX-DEDUCTIBLE contribution to Jefferson’s legal defense by visiting the Sexual Freedom Defense and Education Fund at:

Sexual Freedom Legal Defense and Education Fund


Please remember to specify that your donation is earmarked for the Jefferson Legal Defense Fund. The Sexual Freedom Legal Defense and Education Fund affirms that these earmarked donations are tax deductible.

Thursday, August 28, 2008

Event



Last night’s Friends of Jefferson event was a great success. Thanks to everyone who attended and contributed. Thanks especially to those who donated items to the raffle—which included, my gosh, an original drawing by Nayland Blake!—and also to the hard-working Friends of Jefferson steering committee, which made it all happen.

A very nice chunk of change is now on its way to the legal defense fund administered by the Sexual Freedom Legal Defense and Education Fund.

I hear the event was a real hootenanny. I didn’t actually attend, as, I am happy to report, I had prior commitments. I prepared a statement that Lolita was good enough to read to those who attended. You can read it here—you just have to imagine my words spoken in Lolita’s gorgeous Queens accent.

Thanks to everyone for coming to tonight’s event. I’m sorry I can’t be there with you, but see, the thing is: I’m home with my children.

And that’s your doing! Thanks to your support of the legal fund established by the Sexual Freedom Legal Defense and Education Fund, I’ve been able to retain an extraordinary attorney, as well as a court-ordered law guardian for the children. Based on the law guardian’s observations, the judge ordered a return to joint custody as this case proceeds. This was a great step toward resolving the case with joint custody permanently restored.

However, there are still hurdles to be faced. The case is not resolved and could stretch out for months. While I’m unable to speak directly about the case, I can say that my ex filed in such a way as to make this as expensive a process as possible, counting on her great financial advantage over me.

She knew I didn’t have much money. What she didn’t anticipate is how many friends I have, or how supportive our communities can be. She certainly didn’t expect that I would find such a fine lawyer—which I did, thanks to the Kink Aware Professionals list maintained by the National Coalition for Sexual Freedom and available on their website.

Should I be successful in having the case dismissed or obtaining an order permanently reinstating joint custody, it will be a lesson to all that neither a person's sexuality nor his writing should adversely affect his suitability as a good and custodial parent. It is entirely possible to be a parent and "pervert."

Have fun tonight. Enjoy your Mister Gingers and the company of some of the finest perverts I know. And thanks!


You can help by making an ANONYMOUS, TAX-DEDUCTIBLE contribution to Jefferson's legal defense at

Sexual Freedom Legal Defense and Education Fund

Please remember to specify that your donation is earmarked for the Jefferson Legal Defense Fund. The Sexual Freedom Legal Defense and Education Fund affirms that these earmarked donations are tax deductible.