Feds Ramp Up Obscenity Strategy

WASHINGTON, D.C. – Members of the adult entertainment industry have long speculated that a flurry of federal obscenity prosecutions have been teetering over their heads ever since President Bush took office in 2000.

Those fears were further confirmed with the appointment of John Ashcroft to the post of U.S. Attorney General, and further underscored by the Department of Justice's recent re-appointment of federal prosecutor Bruce Taylor as senior counsel to the Assistant Attorney General for the Criminal Prosecution Department.

Taylor worked for the DOJ from 1989 to 1994 as a special attorney for the National Obscenity Enforcement Unit, and then later as an attorney for the Child Exploitation and Obscenity Section (CEOS). He prosecuted nearly 100 state and federal obscenity jury cases during the first part of his career, including numerous trials on prostitution, child pornography, and child sexual abuse.

But recent words from U.S. Attorney Mary Beth Buchanan, Pittsburgh's top federal prosecutor and the lead prosecutor in the case of U.S. vs. Extreme Associates and owner Rob Zicari, indicate that the federal government is ramping up its strategy to take another swing at the online adult world, and this time it intends to file indictments in small towns where social and religious mores are more conservative than other areas of the U.S. and where jurors might be more apt to believe that the material fits the 1973 U.S. Supreme Court definition of what is obscene.

Buchanan's prosecution of Extreme Associates was the first major obscenity case brought by the federal government in more than a decade. Attorneys in the case are still filing pretrial motions, according to the Pittsburgh Tribune-Review. But instead of filing charges against Zicari in his home state of California where the likelihood of getting a more liberal-minded jury was far greater, videotapes depicting the material that later ended up serving as evidence for obscenity charges against Zicari were ordered from and mailed to Pittsburgh.

"We believe the crimes were committed in other jurisdictions as well," Buchanan told the Pittsburgh Tribune-Review. "But we investigated it here and decided to prosecute it here. I personally viewed this material and found it disgusting. But it doesn't matter what I believe. It's what the average person in the Western District believes."

According to reports, 50 obscenity indictments are currently under consideration in the U.S., and 17 cases are in the hands of federal grand juries nationwide. This compared to 83 obscenity convictions in 2003. Three obscenity cases are underway in Kentucky, five in southern West Virginia, six in Utah, and eight were filed in eastern Virginia last year.

However, Pittsburgh remains a longtime favorite spot for obscenity trials because of the socio-economic conservatism that is more likely to produce jurors with more mild interpretations of what is obscene.

"We have just had a proliferation of this type of material that has been getting increasingly worse and worse," said Buchanan. "And that's why it's important to enforce the law, and to show the producers that there are limits. There are limits to what they can sell and distribute throughout the country,"

Current federal laws on pornography make only explicit, hard-core sexual material that involves children or anyone under 18 years of age illegal, whereas all other porn content considered "obscene" must be tried before a jury.

In 1973, the U.S. Supreme Court defined obscenity as material appealing to a degrading interest in sex, depicting it in a patently offensive manner, and lacking any serious artistic, literary, or scientific value.

"We're focusing our resources on the most egregious offenders," said Buchanan. "So, we're looking at the producers and distributors who are producing the worst material, the largest quantity of material, the largest area of distribution."

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

Rachel Rampage Makes Her Jules Jordan Debut

Rachel Rampage has made her debut for Jules Jordan Video alongside Manuel Ferrara.

Zoey Uso, Demi Hawks & Skylar Snow Front Latest From Girlsway

Zoey Uso, Demi Hawks, and Skylar Snow star in the latest Girlsway release, titled “Perky and Perfect.”

Maddie Wren Makes Her Tushy Debut

Maddie Wren has made her debut for Vixen Media Group studio imprint Tushy, alongside reigning and three-time XMAs Male Performer of the Year Vince Karter.

Jade Venus Stars in Latest From Evil Angel

Jade Venus stars with Sage Roux in the latest scene from the Evil Angel series “Transsexual Angel.”

Jewelz Blu Stars in Latest From Family Strokes

Jewelz Blu stars with Aila Donovan and Troy Francisco in the latest release from Family Strokes.

Segpay Expands to Australia, Names Sam O'Connell Managing Director

Segpay has expanded its territory to include Australia and named Sam O’Connell as managing director of its Australian operation.

Ondato Joins ASACP as Corporate Sponsor

Age and identity verification company Ondato has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

Octavia Red Stars in 'Octavia Loves Girls' From Elegant Angel

Reigning XMAs Girl/Girl Performer of the Year Octavia Red stars in the Claudia Ross-helmed Elegant Angel showcase "Octavia Loves Girls."

Suzanne Holly Makes Her WIFEY Debut

Suzanne Holly has made her debut for Vixen Media Group studio imprint WIFEY alongside her husband Dirk and Hollywood Cash.

2026 XBIZ Amsterdam Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Amsterdam, set to take place Sept. 10-13 at Passenger Terminal Amsterdam.

Show More