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

Anissa Kate Stars in Latest From Brazzers

Anissa Kate stars in the new Brazzers release "The Rizz Chronicles: My Stepmom’s BFF."

Ravyn Alexa, Sav Shaw & Elly Clutch Lead Latest From Brazzers

Ravyn Alexa, Sav Shaw, and multi-XMAs winner Elly Clutch star in the latest Brazzers release, "Perfect 10 GF Brings the Heat."

Lucy Mochi, Tina Yoshi Front Latest From Jules Jordan

Lucy Mochi and Tina Yoshi star with Victor Ray in the latest scene from Jules Jordan Video.

Clémence Audiard, Leya Desantis Star in Latest From MixedX

Clémence Audiard and Leya Desantis star in the latest release from MixedX, titled "Possessed by You."

Brazil Invites Public Input on AV Guidelines

Brazil’s National Data Protection Authority (ANPD) on Friday launched a public consultation on developing guidelines for age verification mechanisms under the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

Meagan Moore Performs Her 1st Girl/Girl Scene for Bellesa Plus

Meagan Moore has performed in her first girl/girl scene alongside Violet Starr and Ryan Driller in the latest release from Bellesa Plus, titled “You Deserve This.”

Britt Ramsey Makes Her WIFEY Debut

Britt Ramsey stars with her husband Chad and multi-XMAs winner Alex Jones in the latest release from Vixen Media Group studio imprint WIFEY.

Hailey Rose Talks New 'Titwoman' Showcase for Elegant Angel

Keisha Gray, Angela White, Octavia Red, and Blake Blossom. These are the well-endowed women who have played the character of "Titwoman" for Elegant Angel.

Digital Playground Premieres Ricky Greenwood's Feature Comedy 'In The Bag'

Digital Playground has dropped “In The Bag,” a ‘70s-inspired comedy from multi-XMAs winner Ricky Greenwood.

Jasmine Sherni Performs 1st Gangbang for Brazzers

Jasmine Sherni performs her first gangbang in the latest Brazzers release, "Operation Open Wide."

Show More