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

Haley Spades Stars in Latest From Immoral

Haley Spades stars with Charlie Dean, Matt Bird, and Dean Van Damme in a new three-part release from Immoral Productions, directed by "Porno Dan" Leal.

Octavia Red Makes Her Vampired Debut

Octavia Red has made her Vampired debut alongside Talia Mint and 2023 XMA Europas Female Performer of the Year Tiffany Tatum in the new feature “Hunters.”

Lily Starfire Fronts Latest From Brazzers

Lily Starfire stars with Kyle Mason in the latest release from Brazzers, titled "Eating Ass Is the Game."

Country Hotwife Makes Her WIFEY Debut

Content creator Country Hotwife has made her debut for Vixen Media Group (VMG) studio imprint WIFEY, alongside her husband StagHubby and former XMAs Male Performer of the Year Isiah Maxwell.

Vixen Media Group Celebrates 10 Years of 'Tushy'

Vixen Media Group (VMG) is celebrating the 10-year anniversary of studio imprint Tushy.

Cherry Kiss Stars in Latest 'Blind Dates' From Bellesa

Cherry Kiss headlines the 16th volume of "Blind Dates," from Bellesa.

Emma Rosie Toplines Pat Myne's 'Gape For Days 5'

Emma Rosie headlines director Pat Myne's "Gape For Days 5," from Evil Angel.

Adult Time Drops 2nd Installment of Bree Mills Thriller 'Escape From Camp Conversion'

Adult Time has debuted the second episode of the Bree Mills-helmed thriller "Escape From Camp Conversion," from studio brand Girlcore.

UPDATED: Supreme Court Rules Against Adult Industry in Pivotal Texas AV Case

The U.S. Supreme Court on Friday issued its decision in Free Speech Coalition v. Paxton, striking a blow against the online adult industry by ruling in support of Texas’ controversial age verification law, HB 1181.

Eris Jolie Makes Her TransAngels Debut

Eris Jolie has made her TransAngels debut alongside Bree Brooks in "A Very Filthy Cookout."

Show More