December 10, 2005 | Sex & Society

Obscenity charges against couple reinstated

The adult entertainment industry experienced a legislative setback Thursday when a grand jury in the U.S. Third Circuit Court of Appeals reinstated federal obscenity charges against Extreme Associates, a company charged with distributing porn videos depicting simulated murder and rape.

Behind Extreme Associates are Robert Zicari and Janet Romano of Northridge, Calif. They were charged in 2003 with distributing three obscene videos through the mail, along with six obscene images over the Internet, to customers in western Pennsylvania. In January, U.S. District Judge Gary L. Lancaster overturned that ruling, arguing that it violated the defendants' constitutional right to privacy.

Last week, however, a panel of three judges in Pittsburgh unanimously agreed that Lancaster's ruling ignored precedents set by the U.S. Supreme Court, which state that obscene material is not protected by privacy rights. In U.S. v. Extreme Associates, Inc., the panel reinstated the original ruling against Extreme Associates on those grounds.

While the decision was a disappointment to champions of the First Amendment, Extreme's attorneys remain optimistic. Attorney H. Louis Sirkin pointed out to AVN Online that the panel largely avoided the question of privacy, focusing instead on the procedural errors in Lancaster's ruling. He plans to appeal the decision on the grounds that Extreme's customers purchased the company's products on a private, members-only area of its website, which prevented minors and unwilling viewers from accessing the material in question.

If the charges against Zicari and Romano stick, they face a maximum penalty of 50 years in prison and a $2.5 million fine; their company faces probation and a $5 million fine. Freedom of speech sure is expensive these days!

• Extreme Associates loses obscenity appeal [YNOT Masters]
• Obscenity charges against porn sellers reinstated [First Amendement Center (AP)]
• Appeals Court reinstates charges against Extreme [AVN Online]