Judge Denies Motion to Dismiss Extreme Associates Case

PITTSBURGH — A federal judge who had previously dismissed the case against Extreme Associates, only to have the dismissal overturned on appeal, has denied a second motion to dismiss the case.

Following the reversal of U.S. District Judge Gary Lancaster’s earlier dismissal of the case, Extreme Associates’ attorneys H. Louis Sirkin and Jennifer M. Kinsley filed another motion to dismiss, on the grounds that federal obscenity statutes are unconstitutional and do not apply to the Internet.

As an alternative to dismissal of the case, Sirkin and Kinsley moved for a pretrial ruling regarding how the Miller obscenity test would be applied to the case. The defense argued in their motion that the Miller test’s reliance on “community standards” is not viable in when the material in question is distributed via the Internet.

In his latest ruling issued July 30, Lancaster denied the motion to dismiss but granted the pretrial hearing requested as an alternative to dismissal.

“The criminal obscenity statutes at issue, as well as the Miller test, have repeatedly been deemed constitutional,” Lancaster wrote in his order.

Lancaster wrote that the 3rd U.S. Circuit Court of Appeals, in overturning his prior dismissal of the case, held that “even if the statutes, and applicable standards, have been called into question due to subsequent events, if there is going to be a change in the law it must come from the top down, not from the bottom up.”

Lancaster added that his declining of the defense motion to dismiss does not mean “that the issues raised by the defendants, and the case law they have cited in support, are irrelevant.”

“Indeed, what is meant by ‘community standards’ and ‘as a whole’ in relation to materials transported via the Internet are centrally important to the trial of this matter,” Lancaster wrote. “These factors will affect the court’s ruling on relevant evidentiary issues and the admissibility of evidence, as well as the drafting of jury instructions and perhaps even jury selection.”

Kinsley told XBIZ that Lancaster simply “couldn’t go to the extent of throwing the whole case out like he did last time [because] there is no case that has answered the specific questions” raised in the latest motion to dismiss.

Kinsley said that the upcoming hearing on the question of how the Miller test will be applied could prove “very critical as to what the jury would see” presented as evidence in the case.

“The hearing will address what the jury can consider as part of their ‘community,’” Kinsley said. Kinsley added that even though some of the material indicted as obscene in the case came in the form of DVDs and not online files, that fact “still leaves a fundamental question of ‘community,’ because [investigators] ordered the DVDs via the Internet.”

Kinsley told XBIZ that a status hearing will be held on Aug. 17 to pick a date for the pretrial hearing concerning the application of the Miller test in the case.

“There’s still a long road to go even before we reach a trial,” Kinsley said.

Noting that the case is now well into its third year, Kinsley told XBIZ that while the drawn out progress can be frustrating, there is a bright side to the slow pace involved.

“Every day that there’s not a trial is another day that there can’t be a conviction,” Kinsley said.

Related:  

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

Cherry Candle Makes Her Elegant Angel Debut in St. Paddy's Day Release

Cherry Candle has made her Elegant Angel debut alongside Danny Mountain in a St. Patrick’s Day-themed scene titled "For Fucks Sake!"

Brazzers Debuts New Series 'Glory House: Next Penetration'

2026 XMAs Best Lead Actor Ryan Reid, Tia Maria, and Beca Barbie star in the first episode of a new Brazzers limited series, “Glory House: Next Penetration.”

Andylynn Payne, Sasha Tatcha Lead Latest From TransSensual

Andylynn Payne and Sasha Tatcha star with Derek Kage in the latest scene from Mile High Media studio imprint TransSensual, titled “Gym Jail Bangarama.”

'Legal Impact' Webinar Unpacks North Carolina's New Consent Law

Industry attorney Corey D. Silverstein on Thursday held a webinar focused on North Carolina’s HB 805, a new law that has significantly altered performer consent requirements in the state.

Jennifer White Reflects on a Breakthrough Year in X3 Magazine

Newly crowned XMAs Female Performer of the Year Jennifer White takes center stage in the March issue of X3 magazine, the premier publication spotlighting the real personalities, passions, and stories behind top stars.

Abi James, Laynee James Star in Latest From TeamSkeet

Abi James stars with Laynee James and Connor Kennedy in the latest installment of TeamSkeet series “BadMilfs,” titled “Need Some Mommy Time?”

FSC Launches Privacy-First Age Verification Solution for Members

The Free Speech Coalition (FSC) announced today that it has granted members exclusive access to the PrivateAV age verification solution.

Kasey Kei, Ameena Green Star in Latest From Evil Angel

Kasey Kei and Ameena Green star in a new release from Evil Angel.

Evil Angel Debuts Proxy Paige's 'All Aboard The Trans Express'

Evil Angel has released director Proxy Paige’s new title, “All Aboard The Trans Express.”

Brazil: New AV Requirements Set to Take Effect March 17

President Luiz Inácio Lula da Silva this week gave final approval to new regulations requiring adult websites to age-verify users located in Brazil starting March 17.

Show More