National Community Standards Could Be Used in Isaacs Obscenity Case

LOS ANGELES — The government's obscenity case against Ira Isaacs could hinge on whether federal prosecutors can control which community standards apply in the case — local or national ones.

Both parties, Isaacs and the government, plan to brief the issue and argue it pre-trial, according to a report obtained by XBIZ.

The introduction of national community standards were put in play after an appeals panel last year found it more logical for obscenity prosecutions.

The 9th U.S. Circuit Court of Appeals ruled in a CAN-SPAM case — U.S. vs. Kilbride, 584 F. 3d 1240(9th Cir. 2009) — that a national community standard to define Internet obscenity is more appropriate than a local one.

Attorney Roger Jon Diamond, Isaacs' attorney, said that it's to his advantage to be open to a national community standard using the Miller test, despite the fact that local community standards of the Central District of California would be beneficial.

U.S. prosecutors are advocating a local community standards instruction.

Isaacs was charged with two counts of using a common carrier and interactive computer service for interstate commerce in obscene films.

"Because the videos were from the Central District, you are looking at jurors from the Los Angeles, Orange and Ventura counties who typically are liberally minded," Diamond told XBIZ.

But Diamond noted that using a national community standards could create a legal maneuver that could benefit Isaacs.

"If the government were to press for a national community standard, they might have a problem finding an expert witness on the matter, because there are none," he said. "And we could move for a dismissal."

Attorney Colin Hardacre, who was involved in the Kilbride case, told XBIZ the Kilbride opinion left many unanswered questions, such as "what exactly is the national standard? Is it anything goes?”

“How do you prove what the national standard is?" asked Hardacre, of Los Angeles-based The Kaufman Law Group. "Through expert testimony from all over the country, or do we simply bring a laptop in and do Google searches for different buzzwords?”

Attorney Gary Kaufman, who also was involved in the Kilbride case, told XBIZ his firm "supports and encourages the Isaacs team’s decision to argue for a national standard instruction."

“While I was arguing this case during oral argument, I felt that the [9th Circuit] panel was receptive to the notion that times have changed and that a national standard for obscenity is the appropriate standard," said Kaufman, of The Kaufman Law Group. "While the Kilbride case dealt with Internet transmissions, I do believe that the 9th Circuit left the door open for all communications."

Isaacs case has been moved up in the court calendar at U.S. District Court in Los Angeles. The case is set for trial Feb. 8, with a motions deadline set for Oct. 22. U.S. District Judge George King earlier calendared an Aug. 2 trial.

Isaacs, who owns Stolen Cars Films and LA Media, was targeted by federal prosecutors over the distribution of “Gang Bang Horse — ‘Pony Sex Game,’” “Mako’s First Time Scat,” “Hollywood Scat Amateurs No. 7” and “BAE 20.”

Isaacs' obscenity case was put on hold last year after U.S. District Judge Alex Kozinski recused himself after it was revealed that he used a website to distribute sexually explicit photos and videos. Later, the 9th Circuit decided that Kozinski exercised “sound discretion” in declaring a mistrial because of “extraordinary circumstances.”

Related:  

Copyright © 2024 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

Braindance Unveils '6DOF' VR Tech

Interactive virtual reality platform Braindance has debuted its new Six Degrees of Freedom (6DOF) VR technology.

Kalani Luana Stars in Latest From Hookup Hotshot

Kalani Luana stars with Nade Nasty in the latest release from Hookup Hotshot (HUHS).

Lilyadick Makes Her TransAngels Debut

Canadian star Lilyadick has made her debut for TransAngels alongside Parker Savage in the video game-themed scene “Playing With The NPC Babe.”

Kazumi Stars in Latest From Tushy

Kazumi stars with Milan Ponjevic, Jax Slayher and Dan Damage in a new airtight scene from Vixen Media Group (VMG) studio imprint Tushy.

Kiiroo, Pineapple Support Launch 'Empower Hour' Series on FeelHubX YouTube Channel

Kiiroo and Pineapple Support have teamed up to launch the “Empower Hour” series on the FeelHubX YouTube channel.

Cherry Kiss Toplines Pat Myne's 'Anal Fetish Babes'

Cherry Kiss headlines director Pat Myne’s “Anal Fetish Babes,” from Evil Angel.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

UK Tech Secretary Lists Age Verification Among OSA Priorities

Peter Kyle, the U.K.’s Secretary of State for Science, Innovation and Technology, on Wednesday made public a draft version of his priorities for implementing the Online Safety Act (OSA), including age verification.

Nicole Aria Stars in Latest From Jules Jordan

Nicole Aria stars with John Strong and Zac Wild in the latest release from Jules Jordan.

Ellie Nova Is Hustler's 'Cover Honey' for December

Ellie Nova is the Cover Honey for the December issue of Hustler Magazine, appearing in a 14-page centerfold spread shot by ThisYearsModel.com.

Show More