3rd Circuit Rules Against Extreme Associates, Case Goes Back to District Court

PHILADELPHIA — A federal appeals court Thursday agreed to reverse a lower court decision favoring the owners of Extreme Associates Inc. and remand the case for further proceedings.

The unanimous decision, which goes against Rob Zicari and wife Janet Romano, stemmed from charges filed in 2003 for distributing obscene videos through the mail and over the Internet.

The government’s original 10-count indictment against the couple was dismissed on Jan. 20 by U.S. District Court Judge Gary Lancaster, who found that the federal anti-obscenity statutes were unconstitutional when applied to Extreme Associates because they violated an individual’s right to privacy.

“Because we conclude that the district court improperly set aside applicable Supreme Court precedent which has repeatedly upheld federal statutes regulating the distribution of obscenity in the face of both First Amendment and substantive due process attacks, we will reverse the judgment of the district court,” the 3rd U.S. Court of Appeals said.

The court weighed whether the district court erred by dismissing an indictment brought against Extreme Associates under 18 U.S.C. §§ 1461 and 1465, which criminalize the commercial distribution of obscene materials, on the ground that those statutes violate the privacy rights of Extreme’s customers under the Fifth Amendment doctrine of substantive due process.

“We conclude that directly applicable Supreme Court precedent, upholding the constitutionality of the federal statutes regulating the distribution of obscenity under First Amendment and substantive due process privacy rights, governs this case,” the court said in its opinion.

“The district court was bound by that authority, as are we, to uphold those statutes as applied to Extreme Associates on behalf of its customers,” the ruling said. “As such, the district court erred in striking down the statutes and dismissing the indictment against Extreme Associates.”

The case against Zicari, the owner of gonzo-themed ExtremeAssociates.com who goes by the name Rob Black, was the first federal obscenity prosecution against a video manufacturer in a decade.

If convicted, Zicari and Romano face up to 50 years in prison and a fine of $2.5 million.

The government’s case originally zeroed-in on the video ''Forced Entry,'' which stars and is directed by Romano, who uses the name Lizzie Borden.

The Chatsworth, Calif.-based company bills the film as a ''stunningly disturbing look at a serial killer, Satanic rituals and the depths of human depravity.''

The case is U.S. vs. Extreme Associates Inc., No. 05-1555.

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

Alexis Fawx Fronts Latest From Bellesa Plus

Multi-XMAs winner Alexis Fawx stars with Josh Rivers in the latest release from Bellesa Plus, titled "Show Me Yours, I’ll Show You Mine."

Amirah Adara Talks Roots, Ambition and the American Dream

Amirah Adara may be new to college football, but she's no stranger to scoring big. Fresh from attending her first Trojans game, the Budapest native shows off her newfound team spirit in a black USC tank top as she settles in at Sana’a Cafe in Los Angeles. It’s a taste of American life she’ll have more opportunities to enjoy with her work visa secured and a bevy of stateside projects ahead.

Vixen Media Group Extends Exclusive Contract, Brand Ambassadorship With Serenity Cox

Vixen Media Group (VMG) has renewed its exclusive contract with Serenity Cox and inked an extension of her brand ambassadorship of studio imprint WIFEY.

Hazel Heart Stars in Latest From Deeper

Hazel Heart stars with Dan Damage in the latest release from Vixen Media Group studio imprint Deeper, titled "Midterm."

Pre-Nominations Now Open for 2027 TEAs

The pre-nomination period for the 2027 Trans Erotica Awards (TEAs) is now open.

Digital Playground Premieres Ricky Greenwood's Action Feature 'Crash and Burn'

Digital Playground has dropped the first installment of "Crash and Burn," an action crime feature from multi-XMAs winner Ricky Greenwood.

Valentina Nappi Featured in Season 2 Cast of 'The Traitors: Italy'

Multi-XMAs winner Valentina Nappi will be among the Faithful, as the veteran adult performer is part of the second season cast of "The Traitors: Italy" on Prime Video.

Dragon Fruit, Lexi Star Headline Latest Volume of Angelo Godshack's 'Hardcore Gangbangs'

Dragon Fruit and Lexi Star topline the ninth volume of director Angelo Godshack's "Hardcore Gangbangs," from Evil Angel.

Chloe Amour Stars in Latest From Blacked Raw

Chloe Amour stars with Chocolate Rod and Goldey in the latest release from Vixen Media Group studio imprint Blacked Raw.

Ofcom Sets Timeline for Enforcing 'Extreme' Content Rules

Before U.K. media regulator Ofcom begins enforcing new laws criminalizing certain “extreme” adult content online, it will first hold a consultation in early 2027, and then provide updated guidance for sites and platforms.

Show More