Extreme Associates Seeks Dismissal of Obscenity Case

PITTSBURGH, Penn. — During a series of pretrial filings before its federal obscenity case goes to trial, Extreme Associates and its co-owners Robert Zicari and wife Janet Romano have filed a motion to dismiss the indictments against them. The motion was filed Jan. 31.

Zicari and Romano, better known in the adult industry as Rob Black and Lizzy Borden are seeking a dismissal of obscenity charges filed by the U.S. government in 2003 for distributing three videos via the mail and six images over the Internet — all alleged by prosecutors to be obscene material.

In a motion for dismissal filed by Extreme attorneys H. Louis Sirkin and Jennifer M. Kinsley, Extreme Associates asked that the court dismiss all pending charges on the grounds that federal obscenity statutes are unconstitutional and do not apply to the Internet.

In lieu of a dismissal, Extreme is requesting a pretrial ruling as to the applicability of the Miller test for obscenity as it relates to the content named in the indictment. The defense argues that the Miller test’s requirement that the content be taken as a whole is impossible in the context of the worldwide Internet community and that the Miller test’s reliance upon community standards to determine whether a particular work is obscene is not viable in an online environment.

“For example, the federal obscenity statutes are unworkable when applied to the Internet because they mandate that the material be taken as a whole, an impossible task for computerized content that is entirely interconnected; and that the material be judged by the contemporary community standards of the district of prosecution, equally an implausible standard when website operators cannot control the geographic areas in which their material is accessed or viewed,” Kinsley wrote.

Additionally, Extreme Associates has requested a change of venue to the Central District of California because the company did not purposefully distribute or direct allegedly obscene materials to the Western District of Pennsylvania.

The assumption that the trial must convene from where the material was sent or received does not hold true for the Internet, Sirkin wrote. Since Extreme posted material to the Internet, it was powerless to restrict access to it by geographic region. Sirkin argued that the venue should be moved to where Extreme is based because that is where the company knowingly conduct business.

Judge Gary Lancaster originally dismissed the case in January 2005, ruling that the anti-obscenity statutes were unconstitutional when applied to Extreme Associates because they violated an individual’s right to privacy.

The Justice Department appealed that ruling before the 3rd U.S. Circuit Court of Appeals, which overruled Lancaster.

The U.S. Supreme Court declined to hear Extreme’s appeal from the 3rd Circuit, sending the case back to Lancaster for trial. Upon learning of the Supreme Court’s refusal to hear the case, Zicari said it was “a big fuck you.”

Black and Sirkin were unavailable to comment at press time.

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

Reptyle to Premiere Cross-Site Release 'Spring Break '26'

Reptyle will debut its new cross-site release, "Spring Break '26," across studio imprints TeamSkeet and Family Strokes.

Aleksa Mink, Payton Preslee Star in Latest From Lesbian X

Aleksa Mink and Payton Preslee star in the latest release from X Empire studio brand Lesbian X, titled “Curvy Girls Playtime.”

Micky Muffin Toplines Private's 'Kitty Fucking Berlin'

Micky Muffin headlines the latest feature from Private, titled "Kitty Fucking Berlin."

Rachael Cavalli, Manuel Ferrara Lead Latest From Jules Jordan

Rachael Cavalli stars with multi-XMAs winner Manuel Ferrara in the latest release from Jules Jordan.

Penny Barber Stars in Latest From Kink.com

2025 XMAs MILF Performer of the Year Penny Barber stars with Scarlette Moon in the latest installment of Kink.com's "Whipped Ass" series, titled "Deep Inside the Splash Zone."

Lauren Phillips Fronts Latest From MYLF

2024 XMAs MILF Performer of the Year Lauren Phillips stars with Nick Strokes in the latest release from MYLF, titled “Sweat, Cum, and Glory: Lauren’s Sexy Aerobics Routine.”

Nikita Bellucci Stars in Dorcel's 'M.I.L.F.S. Vol. 4'

Nikita Bellucci headlines the latest feature from Dorcel, titled “M.I.L.F.S. Vol. 4.”

Ashley Makes Her WIFEY Debut

Creator Ashley stars with her husband Kyle and Lil D in the latest release from Vixen Media Group studio imprint WIFEY.

Jennifer White, Vanna Bardot Headline Jonni Darkko's 3rd 'POV Anal Sluts'

Vanna Bardot and newly crowned XMAs Female Performer of the Year Jennifer White topline director Jonni Darkko’s third volume of “POV Anal Sluts,” from Evil Angel.

Leana Lovings Stars in Latest From Elegant Angel

Leana Lovings stars with Alex Legend in the debut episode of Elegant Angel’s new series “Demure Girls,” titled “Pillow Talk with Leana Lovings.”

Show More