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

MAD Creativity on Direction, Teamwork, and Life Behind the Lens

Longtime industry photographer and rising director Mad Creativity came up with his moniker early in his career, while searching for something that would capture both sides of his creative life as a photographer and a freelance graphic designer.

Alana Rose Makes Her Brazzers Debut

Alana Rose has made her Brazzers debut alongside Juniper Ren, Ana Khalifa, and JMac, in “Sluts Up!”

UPDATED: European Commission Unveils AV App, Addresses Hacks

The European Commission’s age verification app is now technically ready and will soon be available for EU citizens to use in order to prove their age when accessing online platforms, European Commission President Ursula von der Leyen announced Tuesday.

Kiki Mink Makes Her WIFEY Debut

Kiki Mink has made her debut for Vixen Media Group studio imprint WIFEY alongside her partner, Cindy, and multi-XMAs winner Isiah Maxwell.

Pixie Kinzi Performs 1st Anal, Headlines LeWood's 6th 'Anal Behavior'

Pixie Kinzi performs her first anal scene and toplines director/performer duo LeWood’s (Francesca Le and Mark Wood) sixth volume of “Anal Behavior,” from Evil Angel.

C. Stylex Makes Her Evil Angel Debut

C. Stylex has made her debut for Evil Angel alongside director Richard Mann.

Nina Nova Makes Her Adult Time Debut

Nina Nova makes her Adult Time debut alongside 2025 XMAs MILF Performer of the Year Penny Barber in the latest installment of the Girlsway series “Mommy’s Girl,” titled “A Bit of a Stretch.”

Naomi Noel Performs Her 1st Anal for Elegant Angel

Naomi Noel performs her first anal alongside Derek Savage in the latest release from Elegant Angel, directed by Jonathan Jordan.

Skylar Snow, Angel Youngs Front Latest From Bellesa Plus

Skylar Snow and Angel Youngs star with Charles Dera in the latest release from Bellesa Plus.

Cherie DeVille, Millie Morgan Star in Latest From Brazzers

Multi-XMAs winner Cherie DeVille stars with Millie Morgan in the latest release from Brazzers, titled "A Submissive Reflection."

Show More