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

AV Bulletin: Canada, Italy, Australia Updates

Since the Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Lady Gang Performs Final Scene for Immoral

Lady Gang stars in a new trilogy from Immoral Productions, alongside Matt Bird, Charlie Dean, and site honcho “Porno Dan” Leal.

Kasey Kei Leads Latest From TransSensual

Kasey Kei stars with Avery Lust and Nicole Vaunt in the latest scene from Mile High Media studio imprint TransSensual, titled “Succubus Séance.”

Virginia 'Porn Tax' Bill Delayed Until 2027

A Virginia House of Delegates subcommittee on Monday voted to postpone until next year consideration of a bill that would impose a 10% tax on the gross receipts of adult websites doing business in that state.

Adriana Chechik Returns to Tushy

Adriana Chechik stars with Dan Damage in the latest release from Vixen Media Group (VMG) studio imprint Tushy.

Yhivi Fronts New Brazzers Release

Yhivi stars with multi-XMA winners Mick Blue and Isiah Maxwell in a new release from Brazzers, titled "Immoral Yhivi."

Vixen Media Group Extends Exclusive Contract With Jason Luv

Vixen Media Group (VMG) has renewed its exclusive contract with Jason Luv.

Brazzers Premieres Limited Series 'Sleazy Rider'

Brazzers has released the first installment of its new limited series, "Sleazy Rider."

Sarah Arabic Stars in Latest From Brazzers

Sarah Arabic stars with Will Pounder in the latest release from Brazzers, titled “Shirtcocking for the Win.”

Evil Angel Debuts Pat Myne's 'Who Does It Better?'

Evil Angel has released director Pat Myne’s new title, “Who Does It Better?”

Show More