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

Anissa Kate Fronts Latest From Pervz

Anissa Kate stars with Arin Jones in the latest release from Pervz series “PervTherapy.”

Violet Myers, Rissa May Lead 3rd Installment of 'Equilibrium' From Deeper

Multi-XMAs winner Violet Myers and Rissa May star with Jason Luv in the third installment of Vixen Media Group studio imprint Deeper’s fantasy feature “Equilibrium.”

Elegant Angel Showcase 'Tanya Tate Is MILFWoman' Premieres

Tanya Tate takes on the role of "MILFwoman" in the latest Elegant Angel showcase series.

Richard Mann Drops New Evil Angel Scene With Alexandra Quintezz

Alexandra Quintezz stars in an Evil Angel scene alongside Sir Goldey and director/performer Richard Mann.

Vixen Media Group Debuts 3rd Season of Cross-Site Series 'Hotel Vixen'

Vixen Media Group (VMG) has launched the third season of its cross-site, Caribbean-set series "Hotel Vixen," with scenes presented by its studio websites Vixen, Blacked, and Tushy.

Blake Blossom, Kate Dalia Topline 'Lesbian Trainer 4' From Sweetheart Video

Blake Blossom and Kate Dalia headline the fourth volume of “Lesbian Trainer” from Mile High Media studio imprint Sweetheart Video.

Jonni Darkko Directs New Kianna Dior Showcase

Evil Angel has released Jonni Darkko’s latest showcase, "Kianna Dior Busty Cum Slut 12."

Martina Smeraldi Makes Her Bellesa Plus Debut

Martina Smeraldi has made her Bellesa Plus debut alongside Christian Clay and reigning three-time XMAs Male Performer of the Year Vince Karter in the studio’s latest release, “The Pilots.”

TTS: European Production Hold to End August 14

Talent Testing Service Europe has issued a follow-up statement to its call for a European production hold due to a positive syphilis test last week, advising ending the hold on August 14. The statement follows:

New Owner Alex Mack on Hussie's Rebrand to Glow Models

Alex Mack, the longtime Hussie Models agent who bought the company in April, has renamed it Glow Models.

Show More