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

2026 XBIZ LA Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for the XBIZ 2026 conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Grooby Kicks Off 30th Anniversary With Aubrey Kate Return

Two-time XMAs Trans Performer of the Year Aubrey Kate returns to Grooby for the first time since 2017, starring alongside Chris Epic to mark the commencement of the studio’s 30th anniversary year.

Octavia Red Stars in 'No Need for Men' From Futanari XXX

Octavia Red stars with Ava Amira in “No Need for Men Pt. 1,” from Futanari XXX, directed by studio honcho Romero.

Sofie Marie Fronts Latest From MYLF

Sofie Marie stars with Gunnar Bishop in the latest release from MYLF.

Penny Barber Stars in Latest Episode of 'Mommy's Boy'

Reigning XMAs MILF Performer of the Year Penny Barber stars with Emma Rosie and Axel Haze in the latest episode of Adult Time series “Mommy’s Boy,” titled “A Family That Nudes Together, Stays Together.”

Utah State Legislator Proposes New 'Porn Tax'

A Utah state senator introduced a bill on Monday that would impose a 7% tax on the gross receipts of adult websites doing business in that state, plus require adult sites to pay an annual $500 fee.

'Fan Fav' XMA Award Categories to Be Presented at X3 Expo

In a move sure to electrify fans and creators alike, fan passion will take center stage Saturday, Jan. 17, when the winners of the 2026 XMA Fan Favorite categories are revealed, transforming the closing night of X3 Expo into the event’s most buzzworthy moment.

Sophia Locke, Max Fills Star in Latest From New Sensations

Sophia Locke and multi-XMAs winner Max Fills star in the latest release from New Sensations.

Angel Windell, Cherry Candle Topline Latest 'Lesbian Love Stories'

Angel Windell and Cherry Candle headline the 11th volume of "Lesbian Love Stories" from Girlfriends Films.

Leana Lovings Fronts Latest From Pure Taboo

Leana Lovings stars with Jason Sarcinelli in the latest release from Pure Taboo, titled "His Charitable Act."

Show More