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

Going Deeper: Kayden Kross Launches Photo Book, Cultural Movement With DTLA Gallery Exhibition

The adult community is in full force at Wönzimer art gallery in downtown L.A. on Thursday night to support the launch of “Deeper,” Kayden Kross’ 448-page photography book, titled after the Vixen Media Group (VMG) studio imprint she founded and drawn from its expansive photo library.

Sage Pillar Makes Her WIFEY Debut

Sage Pillar has made her debut for Vixen Media Group studio imprint WIFEY alongside her husband Pierre and Chocolate Rod.

On-Chain JAV Distribution Platform 'HandSome' Goes Live With Open Beta

Fukuoka tech firm Fidem has officially rolled out an open beta version of HandSome, a new Japanese Adult Video (JAV) content distribution platform built on blockchain technology.

Sarah Arabic Leads Latest From Pure Taboo

Sarah Arabic stars with Joey Avalon in the latest release from Pure Taboo, titled "Every Two Hours."

Arcom Investigates Mym Over SREN Compliance

French media regulator Arcom is investigating creator platform Mym to determine whether the site may have violated age assurance rules and/or other requirements of France’s Security and Regulation of the Digital Space (SREN) law.

Hope Heaven Crowned Newest 'Vixen Angel'

Vixen Media Group (VMG) has named Hope Heaven as its newest Vixen Angel.

England, Wales to Enforce 'Extreme' Content Laws Starting Nov. 6

England and Wales will begin enforcing new laws criminalizing depictions of “non-fatal strangulation,” as well as sexual content in which adults portray underage characters, starting Nov. 6, the U.K. Ministry of Justice announced Friday.

Sabien DeMonia Makes Her Hentaied Debut

Euro XMAs winner Sabien DeMonia has made her debut for Hentaied alongside Dimitry Simonit in the latest installment of the series "Futanari-Dom," titled "Secret Side of Me."

Reborn Cinema Sets Sex and Storytelling to a Tropical Soundtrack

In Karim Z's imagination, it all started in Rio de Janeiro. There was sun, sand and plenty of skin. Beautiful people cavorted along the beach while the sounds of bossa nova, rock and electronic music washed over scenes of sex and excess. The performers would be Brazilian, the dialogue would be in Portuguese and music would drive the action as much as anything happening on screen.

Report: UK Film Classification Board to Monitor 'Extreme' Content Online

The U.K. government has tapped the British Board of Film Classification (BBFC) for a pilot program to monitor online pornography for illegal and “extreme” content, as it prepares to enforce new content restrictions, British media outlet Sky News is reporting.

Show More