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  • SUNDAY JANUARY 23 2005 6:00 PM

Federal Court Protects Porn; State Cannot Ban "Objectionable Material"

Submitted by Christopher

Edited by Christopher

In the case against Robert Zicari and Janet Romano, both of Northridge, Calif., and their company, Extreme Associates, a federal judge has found that their films are protected under the First Amendment, and he has dismissed federal obscenity charges against the company. The government had brought charges against the company in an effort to stem the “proliferation of obscenity throughout the United States.”

[U.S. District Court Judge Gary L. Lancaster] said prosecutors overstepped their bounds while trying to block the material from children and from adults who didn't want to see such material inadvertently.

The judge also found that the state cannot ban material simply because it finds it objectionable, based on the U.S. Supreme Court's June 2003 ruling that struck down a state ban on gay sex. The Supreme Court's ruled that the ban was an unconstitutional violation of privacy.

"I think it's a significant victory for freedom and the exercise of our own personal liberties," said H. Louis Sirkin, attorney for the couple and their company. "I know the adult industry is very excited" by the decision, he said.

Sirkin, a Cincinnati lawyer, had also disputed that the materials were obscene, noting that they involve consenting adults.

In a written statement, U.S. Attorney Mary Beth Buchanan said prosecutors were "very disappointed" and were reviewing the case and examining options, including a possible appeal.

"As we set forth in the pleadings we filed in the case, we continue to believe that the federal obscenity statutes are valid and constitutional, including as applied in this case," she said.

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Comments
dingoes8

dingoes8

Milwaukee, WI
March 2004

JAN 23, 2005 06:30 PM

Hell yes. I really didn't know which way this case was going to go.

seanvegas

seanvegas

Lincoln, NE
December 2004

JAN 23, 2005 06:36 PM

Yes! Finally a fine verdict if I say; crack open the wine, pull you're pants down, and pop in a porn movie.

[Edited on Jan 23, 2005 6:38PM]

Meeks

Meeks

Canada
November 2004

JAN 23, 2005 06:39 PM

I can't believe it took till 2003 to take off the ban on gay sex
that's rediculous

Artsitis

Artsitis

Canada
December 2004

JAN 23, 2005 06:46 PM

Government needs to stay the hell out of the bedroom...

not to mention making stuff "controversial" tends to increase it's value, rather than diminish it. You'd think governments would figure this stuff out.

Su

Su

Arlington, MA
November 2002

JAN 23, 2005 07:04 PM

biggrin Nice!!!!

McBane13

McBane13

I'm lost
April 2004

JAN 23, 2005 07:12 PM

/me busts out the special bottle of lotion to celebrate (no aloe vera!).

tongue

gagriot

gagriot

Chico, CA
December 2004

JAN 23, 2005 07:44 PM

It finally looks like there's a judge out there who's not willing to let obsessed politicians and rednecks let their disdain for everything remotely satisfying get in the way of SEX FOR ALL

HenryTMensch

HenryTMensch

New York, NY
December 2004

JAN 23, 2005 07:51 PM

Meeks said:
I can't believe it took till 2003 to take off the ban on gay sex
that's rediculous



It took until 2003 because it took a while for a case to get through to the Supreme Court because most states that have anti-sodomy statutes don't do much to enforce them.

And it's a state issue so lots of states struck down anti-sodomy laws a long time ago, either through their respective state courts or state legislatures.

[Edited on Jan 23, 2005 by HenryTMensch]

Zundapp1

Zundapp1

Seattle, WA
November 2003

JAN 23, 2005 07:52 PM


"I know the adult industry is very excited" by the decision, he said.



I thought they were already excited. tongue

Justice

Justice

Portland, OR
April 2003

JAN 23, 2005 08:44 PM

some people need to get off the sue wagon and start worrying about other subjects... glad to see what way the verdict went

HenryTMensch

HenryTMensch

New York, NY
December 2004

JAN 23, 2005 08:49 PM

Justice said:
some people need to get off the sue wagon and start worrying about other subjects... glad to see what way the verdict went



But if people get to look at porn THEN THE TERRORISTS HAVE WON! Jeez. I'm calling John Ashcroft!

sparql

sparql

Elgin, IL
February 2003

JAN 23, 2005 09:51 PM

for the most part I am glad they won. Though Gay Marriage really had nothing to do with what they were getting sued over. The state was suing them for selling films like This one

I have only seen clips from it, but one scene involves 2 guys who are supposed to be muggers or some similar type of criminals. Who rape a girl, kill her and then take her money. Though if that sort of action gets you going, then these guys make your type of porn.

supergp

supergp

Seattle, WA
February 2003

JAN 24, 2005 04:26 AM

lukieplatz said:

"I know the adult industry is very excited" by the decision, he said.



I thought they were already excited. tongue



No, they're just faking it. biggrin

KMFCM

KMFCM

Peekskill, NY
September 2002

JAN 24, 2005 04:35 AM


that's sweet

wolfwood

wolfwood

Madison, WI
March 2003

JAN 24, 2005 12:01 PM

At least there's something not depressing in the news today. Yay Federal Court!

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