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

Penthouse Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of Penthouse World Media in a case against a website using an infringing domain.

Kyaa Chimera, Renee Rose Front Latest From Family Strokes

Kyaa Chimera and Renee Rose star with multi-XMAs winner Tommy Gunn in the latest release from Family Stroke.

Lilly Bell Headlines 'Maison Close' From Dorcel

2025 XMAs Girl/Girl Performer of the Year Lilly Bell stars in "Maison Close," the latest feature from Dorcel.

Milena Ray Is Hustler's 'Cover Honey' for May

Milena Ray is the Cover Honey for the May issue of Hustler Magazine and appears in a 14-page centerfold spread shot by Davide Esposito.

Vanna Bardot, Chloe Foxxe Headline 'Dad's Lesbian Lover 4'

Two-time XMAs Female Performer of the Year Vanna Bardot and Chloe Foxxe topline the fourth volume of "Dad's Lesbian Lover," the latest release from Girlfriends Films.

Andylynn Payne, Sasha Tatcha Topline 'TS Girls Do It Best 3' From TransSensual

Andylynn Payne and Sasha Tatcha headline "TS Girls Do It Best 3," from Mile High Media studio imprint TransSensual.

Casey Calvert Wraps Production on Girlsway Feature 'Straight Girls'

Adult Time has announced that production has wrapped on the feature, "Straight Girls," directed by multi-XMAs winner Casey Calvert.

On the Set: Seth Gamble, Wicked Serve Up 'Sweet Juggs of Justice'

It’s Easter Sunday, and there’s a rainbow shining at Tranquility Canyon Movie Ranch in Santa Clarita, California. Only this one isn’t in the sky. It’s on the ground and made up of four powerhouse performers, Angel Youngs, Octavia Red, Rissa May, and Vanna Bardot, dressed in vivid, artfully styled color on the set of Seth Gamble’s new Wicked Pictures feature, “Sweet Juggs of Justice.”

Violet Voss Makes Her Blacked Raw Debut

Violet Voss has made her debut for Vixen Media Group studio imprint Blacked Raw, alongside multi-XMAs winner Isiah Maxwell.

Penny Barber, Nina Nova Star in Latest From Girlsway

2025 XMAs MILF Performer of the Year Penny Barber stars with Nina Nova in the latest release from Girlsway series "Mommy's Girl," titled "A Bit of a Stretch."

Show More