National Community Standards Could Be Used in Isaacs Obscenity Case

LOS ANGELES — The government's obscenity case against Ira Isaacs could hinge on whether federal prosecutors can control which community standards apply in the case — local or national ones.

Both parties, Isaacs and the government, plan to brief the issue and argue it pre-trial, according to a report obtained by XBIZ.

The introduction of national community standards were put in play after an appeals panel last year found it more logical for obscenity prosecutions.

The 9th U.S. Circuit Court of Appeals ruled in a CAN-SPAM case — U.S. vs. Kilbride, 584 F. 3d 1240(9th Cir. 2009) — that a national community standard to define Internet obscenity is more appropriate than a local one.

Attorney Roger Jon Diamond, Isaacs' attorney, said that it's to his advantage to be open to a national community standard using the Miller test, despite the fact that local community standards of the Central District of California would be beneficial.

U.S. prosecutors are advocating a local community standards instruction.

Isaacs was charged with two counts of using a common carrier and interactive computer service for interstate commerce in obscene films.

"Because the videos were from the Central District, you are looking at jurors from the Los Angeles, Orange and Ventura counties who typically are liberally minded," Diamond told XBIZ.

But Diamond noted that using a national community standards could create a legal maneuver that could benefit Isaacs.

"If the government were to press for a national community standard, they might have a problem finding an expert witness on the matter, because there are none," he said. "And we could move for a dismissal."

Attorney Colin Hardacre, who was involved in the Kilbride case, told XBIZ the Kilbride opinion left many unanswered questions, such as "what exactly is the national standard? Is it anything goes?”

“How do you prove what the national standard is?" asked Hardacre, of Los Angeles-based The Kaufman Law Group. "Through expert testimony from all over the country, or do we simply bring a laptop in and do Google searches for different buzzwords?”

Attorney Gary Kaufman, who also was involved in the Kilbride case, told XBIZ his firm "supports and encourages the Isaacs team’s decision to argue for a national standard instruction."

“While I was arguing this case during oral argument, I felt that the [9th Circuit] panel was receptive to the notion that times have changed and that a national standard for obscenity is the appropriate standard," said Kaufman, of The Kaufman Law Group. "While the Kilbride case dealt with Internet transmissions, I do believe that the 9th Circuit left the door open for all communications."

Isaacs case has been moved up in the court calendar at U.S. District Court in Los Angeles. The case is set for trial Feb. 8, with a motions deadline set for Oct. 22. U.S. District Judge George King earlier calendared an Aug. 2 trial.

Isaacs, who owns Stolen Cars Films and LA Media, was targeted by federal prosecutors over the distribution of “Gang Bang Horse — ‘Pony Sex Game,’” “Mako’s First Time Scat,” “Hollywood Scat Amateurs No. 7” and “BAE 20.”

Isaacs' obscenity case was put on hold last year after U.S. District Judge Alex Kozinski recused himself after it was revealed that he used a website to distribute sexually explicit photos and videos. Later, the 9th Circuit decided that Kozinski exercised “sound discretion” in declaring a mistrial because of “extraordinary circumstances.”

Related:  

Copyright © 2024 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

Cosplayground Releases 'Furiosa XXX: A Porn Parody'

Cosplayground has released its seventh original production, “Furiosa XXX: A Porn Parody.”

Vixen Media Group Debuts 2nd Season of 'Hotel Vixen'

Vixen Media Group (VMG) has launched the second season of its Greece-set series "Hotel Vixen."

Ada Lapiedra Toplines Private's 'Hot Girls in Hot Cars'

Ada Lapiedra headlines "Hot Girls in Hot Cars," the latest release from Private.

Anna de Ville Headlines Proxy Paige's 'Gape Expectations'

Anna de Ville headlines director Proxy Paige's "Gape Expectations," from Evil Angel.

Washington Post Profiles ECP VP Solomon Friedman's Appearance at XBIZ LA

The Washington Post published this weekend a lengthy feature about Pornhub and Aylo, focusing on Ethical Capital Partners’ VP of Compliance Solomon Friedman’s keynote address and other appearances at XBIZ Los Angeles in January.

Adult Time's 'Up Close' Series Spotlights Dharma Jones

Dharma Jones is spotlighted in the latest installment of Adult Time's "Up Close," with Mike Mancini.

Tavia Is Hustler's 'Cover Honey' for May

Tavia is the Cover Honey for the April issue of Hustler magazine, and appears in a 14-page centerfold spread shot by This Year's Model.

Blake Blossom, Octavia Red Help Elegant Angel Reboot Classic Series 'Titwoman vs Titwoman'

Elegant Angel continues its “Superstar Spring” series with a four-part reboot of classic series “Titwoman vs Titwoman,” starring Blake Blossom and Octavia Red.

Anna Claire Clouds Stars in Latest From Ricky's Room

Anna Claire Clouds stars in a new anal scene from Ricky's Room.

'Sex Workers Deserve Protections': Congressional Candidate Joe Cohn Reaches Out to Adult Community

Veteran civil rights attorney Joe Cohn, who is currently running in a New Jersey Democratic primary for a seat in the U.S. House of Representatives, says he is reaching out to the adult community to champion an inclusive approach to civil liberties that encompasses all sex workers and adult businesses.

Show More