U.S. Files Appeal in Extreme Associates Case

WASHINGTON — The U.S. Department of Justice and Attorney General Alberto R. Gonzales announced plans to appeal the recent dismissal of obscenity charges filed against adult film company Extreme Associates and owners Robert Zicari and Janet Romano.

The pair were initially charged in 2003 with distributing obscene videos through the mail and over the Internet.

The government’s original 10-count indictment against the couple was dismissed on Jan. 20 by U.S. District Court Judge Gary Lancaster, who found that the federal anti-obscenity statutes were unconstitutional when applied to Extreme Associates because they violated an individual’s right to privacy.

“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, wrote Lancaster in his dismissal of the case.

Citing Lawrence vs. Texas, a Supreme Court case that struck down Texas anti-sodomy laws, Lancaster wrote, “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 along compelling, state interest.”

On Wednesday, the government filed a notice of appeal in the case, bringing it now before the 3rd U.S. Circuit Court of Appeals.

“The Department of Justice places a premium on the First Amendment right to free speech, but certain activities do not fall within those protections, such as selling or distributing obscene materials,” said U.S. Attorney General Alberto Gonzales in a statement issued Wednesday. “The Department of Justice remains strongly committed to the investigation and prosecution of adult obscenity cases.”

Raising the case to the 3rd Circuit Court of Appeals might be a risky venture for the government, according to legal experts, because the court has traditionally been favorable to Internet free speech rights.

Twice, the appellate court ruled that the Child Online Protect Act was unconstitutional, fire finding that its use of “community standards to judge Internet content would “subject Internet providers in even the most tolerant communities to the decency standards of the most puritanical,” and then finding that the law was too broad to avoid infringing on free speech rights.

Currently, the court is evenly split between Republican and Democrat judges.

“Liberal or conservative, I don’t think, is a really good way of determining how a court would rule on an issue like [Extreme Associate],” Robert Corn-Revere, a partner at the Washington office of international law firm Davis Wright Tremaine told XBiz. “It could go either way, but the 3rd Circuit has always been a favorable court to go to on these types of issues.”

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

Natasha Nice Headlines 'Cheating With My Wife 3' From Sweet Sinner

Natasha Nice headlines "Cheating With My Wife 3," the latest release from Mile High Media studio brand Sweet Sinner.

X3 Expo Day 2 Delivers Stars, Screenings and Fan Favorites

The sun once again shone brightly on the historic Hollywood Palladium as throngs of avid fans made their way through the doors, ready to experience Day 2 of the 2026 X3 Expo.

X3 Expo Kicks Into Gear With an All-Star Lineup

Outside the historic Hollywood Palladium on Friday, a huge crowd of fans lined Sunset Boulevard, eagerly awaiting the opening of the 2026 X3 Expo and their big chance to meet the cream of the crop of adult stars.

Zara Makes Her Studio Debut for Blacked

Newcomer Zara has made her studio debut for Vixen Media Group studio imprint Blacked, alongside Anton Harden.

Kylie Rocket Leads Dorcel's 'Couture No. 4'

Kylie Rocket headlines the latest release from Dorcel, titled “Couture No. 4.”

Anna de Ville Toplines Latest 'Desperate Anal MILFs' From David Perry

Anna de Ville headlines the seventh volume of director David Perry's "Desperate Anal MILFs," now available from Evil Angel.

Alexa Leigh Makes Her WIFEY Debut

Alexa Leigh stars with her husband Keith and Dan Damage in the latest release from Vixen Media Group studio imprint WIFEY.

Angela White Stars in Latest From Brazzers

Multi-XMAs winner Angela White stars with Derek Savage and Jack Blaque in the latest release from Brazzers, titled "Meet and Skeet."

Cléa Gaultier Directs 'Follow Me #2' From Dorcel

Cléa Gaultier directs in latest release from Dorcel, titled “Follow Me #2.”

Florida Congressman Files Latest Bill to Repeal Section 230

Rep. Jimmy Patronis of Florida has become the latest member of Congress to propose legislation that would repeal Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Show More