The recent obscenity backlash against the Flynt brothers stems from a raid last year on one of the Flynt Hustler stores in which several "sexually explicit videos" were seized.
Prosecutors are claiming that by selling the videos in the Hustler store, the Flynts had violated a 1999 deal in which pandering obscenity charges were dropped on the condition that the brothers would never again sell similar types of hardcore porn videos in the state of Ohio.
However, the recommended reinstatement was not taken lightly and prosecutors were vigorously challenged by the Ohio 1st District Court of Appeals.
"I'm having a hard time with this," Judge Mark Painter told the Enquirer. "If you dismiss a case, it's over. If this were proper, it seems to me you could have everybody in the county on super secret probation indefinitely."
The Flynt brothers' lawyers, among them Paul Cambria, are calling the reinstatement "unfair and unconstitutional," according to the Cincinnati Enquirer. The defense team is also asking that the 1999 obscenity charges be completely thrown out because they prohibit the Flynts from selling any type of "sexually explicit" videos, regardless of whether they are considered obscene
A decision is not expected for weeks and if prosecutors are persuasive enough, the case will be heard before a jury.
