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

Falcon/NakedSword Turns the Page With FalconINK Publishing Launch

Your local bookstore may not be the first place you’d expect to take in the latest Falcon/NakedSword release, but that could soon change as the gay adult film studio turns the page with FalconINK, a full-service publishing venture offering original fiction in print, e-book and audiobook formats.

ChatGains Joins Pineapple Support as Partner-Level Sponsor

ChatGains has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Private Releases 2nd Volume of 'Horny Women: Mid-Life Crisis'

Private has released the second volume of “Horny Women: Mid-Life Crisis,” directed by Xavi Rocka.

Charlie Forde, Mickey Mod & Derek Kage Star in 'A Surprise for Charlie' From Dorcel

Charlie Forde stars with Mickey Mod and multi-XMAs winner Derek Kage in “A Surprise for Charlie,” from Dorcel.

VMG Celebrates 10th Anniversary of 'Vixen' Imprint

Vixen Media Group (VMG) is marking the 10th anniversary of its flagship studio imprint, Vixen.

Gal Ritchie, Rissa May Lead Latest From Bellesa Plus

Gal Ritchie and Rissa May star in the new release from Bellesa Plus, titled “Double-Booked.”

Ivy Ireland Toplines Vince Karter's 'Back to Dark'

Ivy Ireland headlines reigning and three-time XMAs Male Performer of the Year Vince Karter’s latest Evil Angel directorial, “Back to Dark.”

Jazmin Black Performs 1st All-Girl Scene in Her Girlsway Debut

Jazmin Black performs her first all-girl scene in her Girlsway debut, alongside Ella Reese and Jewelz Blu, in the studio’s latest release, “Throuple’s Counseling.”

Richard Mann Drops New Evil Angel Scene With Daisy Stone, Alexis James

Daisy Stone and Alexis James star in an Evil Angel scene alongside director/performer Richard Mann.

Abella Danger Serves Glamour and Gab at Live 'Danger She Spoke' Premiere

Multi-XMA-winning performer Abella Danger slipped into a sexy new role Thursday night, making her talk show host debut with "The Abella Show: Danger She Spoke," a new show and podcast featuring revealing conversations with fellow performers and industry personalities.

Show More