3rd Circuit Rules Against Extreme Associates, Case Goes Back to District Court

PHILADELPHIA — A federal appeals court Thursday agreed to reverse a lower court decision favoring the owners of Extreme Associates Inc. and remand the case for further proceedings.

The unanimous decision, which goes against Rob Zicari and wife Janet Romano, stemmed from charges filed in 2003 for distributing obscene videos through the mail and over the Internet.

The government’s original 10-count indictment against the couple was dismissed on Jan. 20 by U.S. District Court Judge Gary Lancaster, who found that the federal anti-obscenity statutes were unconstitutional when applied to Extreme Associates because they violated an individual’s right to privacy.

“Because we conclude that the district court improperly set aside applicable Supreme Court precedent which has repeatedly upheld federal statutes regulating the distribution of obscenity in the face of both First Amendment and substantive due process attacks, we will reverse the judgment of the district court,” the 3rd U.S. Court of Appeals said.

The court weighed whether the district court erred by dismissing an indictment brought against Extreme Associates under 18 U.S.C. §§ 1461 and 1465, which criminalize the commercial distribution of obscene materials, on the ground that those statutes violate the privacy rights of Extreme’s customers under the Fifth Amendment doctrine of substantive due process.

“We conclude that directly applicable Supreme Court precedent, upholding the constitutionality of the federal statutes regulating the distribution of obscenity under First Amendment and substantive due process privacy rights, governs this case,” the court said in its opinion.

“The district court was bound by that authority, as are we, to uphold those statutes as applied to Extreme Associates on behalf of its customers,” the ruling said. “As such, the district court erred in striking down the statutes and dismissing the indictment against Extreme Associates.”

The case against Zicari, the owner of gonzo-themed ExtremeAssociates.com who goes by the name Rob Black, was the first federal obscenity prosecution against a video manufacturer in a decade.

If convicted, Zicari and Romano face up to 50 years in prison and a fine of $2.5 million.

The government’s case originally zeroed-in on the video ''Forced Entry,'' which stars and is directed by Romano, who uses the name Lizzie Borden.

The Chatsworth, Calif.-based company bills the film as a ''stunningly disturbing look at a serial killer, Satanic rituals and the depths of human depravity.''

The case is U.S. vs. Extreme Associates Inc., No. 05-1555.

Copyright © 2025 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

A Golden Night in Hollywood: 2025 XMAs Shine on Adult Entertainment's Best

To paraphrase the unofficial U.S. Postal Service motto: Neither rain nor cold nor the chaos of natural disasters can stop members of the adult entertainment community from the completion of their appointed duty every January: to honor the artistic and commercial achievements of their peers.

What Changes in DC Could Mean for the Adult Industry

On November 5, 2024, American voters were called to the polls. The results of that election revealed an unquestionably uncomfortable truth for everyone, regardless of party or ideology: the “united” part of United States does not appear to be holding strong.

Mia Mi, Megan Murkovski & Mr. Lucky Star in Latest From Immoral

Mia Mi, Megan Murkovski and Mr. Lucky make their Immoral Productions debuts in a new trilogy alongside studio honcho “Porno Dan” Leal.

2025 XMA Winners Announced

Winners of the 2025 XMAs were revealed Sunday night during a ceremony hosted by Vanna Bardot and Ryan Reid at the world-famous Hollywood Palladium.

X3 Expo Day 2 Looks at the Industry's Past, and Ahead to Its Future

A gorgeous day in LA saw a massive procession making its way along Sunset Blvd., as hundreds of excited fans headed to the historic Hollywood Palladium for a rendezvous with the galaxy of A-list adult stars awaiting them on Day 2 of the 2025 X3 Expo.

X3 Expo Pops Off With All-Star Lineup

A wave of excited fans cascaded down Sunset Blvd., cresting and breaking with anticipation as they flowed into the historic Hollywood Palladium, where the A-list echelon of the adult world stood ready to greet them, pose with them, chat them up, and showcase the latest in spicy entertainment, as the 2025 X3 Expo popped off.

Kansas Sues Adult Website Operator Under AV Law

Kansas Attorney General Kris Kobach has filed suit against SARJ LLC, alleging that the company’s adult websites have failed to implement age verification as mandated by state law.

Jonni Darkko Drops New Evil Angel Release With Sadie Summers

Sadie Summers stars in the latest Evil Angel gangbang release from director Jonni Darkko.

Shay Sights Stars in Latest From Brazzers

Shay Sights stars with Mick Blue in the latest release from Brazzers, titled “Uptight MILF Fucks Husband’s Filthy Friend.”

Zariah Aura Featured on 'Adult Time Podcast'

Zariah Aura is the latest guest on the “Adult Time Podcast,” hosted by studio CCO Bree Mills.

Show More