Home > News > Federal Obscenity Statutes Found Unconstitutional • Bookmark   • Newsletters   • Register Search Options


Federal Obscenity Statutes Found Unconstitutional

Federal Obscenity Statutes Found Unconstitutional
Get XBIZ News
XBIZ Research
Will virtual reality boost the paysite market?
Yes, it will soon
Yes, but in a few years
Out of 150 votes. Results based on votes submitted by members of XBIZ.net social network.
Jan 22, 2005 8:36 PM PST    Text size: 
PITTSBURGH — A federal judge has thrown out the criminal charges filed against Rob Black and Extreme Associates, finding that the obscenity statutes invoked by the U.S. Attorney’s office were unconstitutional.

Felling a blow for adult companies, U.S. District Judge Gary Lancaster dismissed the charges of distribution of obscene materials that had been brought against Black, wife Janet Romano and the company and said that laws that inhibit a person’s rights to possess obscene material in their own home violate constitutional rights to privacy and liberty.

“We find that the federal obscenity statutes burden an individual’s fundamental right to possess, read, observe and think about what he chooses in the privacy of his own home by completely banning the distribution of obscene materials,” Lancaster wrote in his 45-page opinion.

Lancaster’s ruling brings to an end to the year-old case in which Black, Romano and Extreme Associates were indicted for distributing three videos through the mail and six files over the Internet, and could have resulted in up to 50 years in prison and a $2.5 million fine for the defendants. “The government can no longer rely on the advancement of a moral code, preventing consenting adults from entertaining lewd or lascivious thoughts, as a legitimate, let alone compelling, state interest,” he said.

In a written statement, U.S. Attorney Mary Beth Buchanan said she was disheartened by the ruling.

“We are very disappointed by the court’s decision to dismiss the indictment,” Buchanan said. “As we set forth in the pleadings we filed in the case, we continue to believe that the federal obscenity statutes are valid and constitutional, including as applied in this case.”

Buchanan said that prosecutors were currently reviewing their options and considering a possible appeal.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !


Artificial Intelligence Treats Risk Like Cancer

An embarrassing thing happened to me in Amsterdam. I’d just finished dinner with a new partner at a nice restaurant. OK … more expensive than nice, but you know what I mean. I grade food in... More »

8 Tips for Scaling Up Your Ad Campaign

As an advertiser it can take some time for you to get a successful campaign going because many ideas don't always work out. Once you have a great converting campaign it can also quickly die out, so that's... More »

Is the Free Porn Era Starting to Fade Away?

Onlookers might believe that adult entertainment was only a big business prior to free tube sites, or that tube sites started the free porn era online. It’s true that free porn is much more pervasive... More »
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.

Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Access the latest issues of the industry's leading trade publications in digital form. View online or download for offline viewing.



Nov 04 - Nov 06
Edison, New Jersey

2016 Inked Awards

Nov 05 - Nov 05
Edison, New Jersey

XBIZ 2017

Jan 09 - Jan 13
Hollywood, CA

XBIZ Awards 2017

Jan 12 - Jan 12
Los Angeles, CA
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!