Federal Obscenity Statutes Found Unconstitutional

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.

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

German High Court Puts Pornhub, YouPorn 'Network Ban' on Hold

A German high court on Friday temporarily barred a state media regulator from ordering internet providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn in Germany, pending further action by Cypriot and European Union authorities.

Luxembourg Media Regulator Fines LiveJasmin for AV Noncompliance

The Luxembourg Independent Audiovisual Authority (ALIA) has levied a fine of 25,000 euros (approximately $28,000) against webcam platform LiveJasmin for failing to comply with provisions of the country’s Electronic Media Law.

French Parliament Rejects Ban on Purchase of 'Remote' Sexual Services

The French National Assembly has backed off from a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

Pornhub Unblocks Australia Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in Australia will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s Australian age-verification process.

California Governor Signs Bill Limiting CIPA Claims

Governor Gavin Newsom has signed into law a bill to narrow the scope of the California Invasion of Privacy Act (CIPA), to prevent abusive lawsuits targeting online businesses, including adult websites.

California Enacts Stricter UGC Rules for Adult Sites

Governor Gavin Newsom has signed into law a bill to impose tighter compliance standards for user-generated content (UGC) on adult websites accessible in California.

Minister: UK Aims to Begin Enforcing 'Choking' Ban Before Year's End

The U.K. will soon begin enforcement of a new law criminalizing depictions of “non-fatal strangulation” in adult content, according to a Ministry of Justice official.

Ofcom Cites Web Prime, Porntrex for Alleged AV Violations

U.K. media regulator Ofcom on Tuesday notified two operators of adult websites of the agency’s provisional determination that the companies have failed to comply with provisions of the Online Safety Act.

FSC: Utah Excise Tax on Adult Content Goes Into Effect October 1

The Free Speech Coalition (FSC) has issued an advisory that the Utah Excise Tax goes into effect tomorrow.

Aylo Wins Preliminary Injunction Against Utah AV Law's VPN Rule

A federal court on Thursday issued a preliminary injunction preventing the state of Utah from enforcing a legal provision that would make adult websites liable if minors in the state circumvent geolocation efforts in order to bypass age verification.

Show More