An ecstatic Rob Black called in during this week’s Hump Day Lunch Show on YNOT Radio to talk to hosts YNOTBob and LAJ about his recent legal victory.In August 2003, Rob Zicari and his wife, Janet Romano — better known as Rob Black and Lizzie Borden — were indicted for 10 counts relating to the production and distribution of obscene materials, and were facing potentially lengthy jail terms and a fine of upwards of two million dollars.
But, earlier this week, U.S. District Judge Gary Lancaster of Western Pennsylvania dismissed all of the obscenity charges that had been brought against Extreme Associates, in the federal government’s first major prosecution for obscenity in over ten years. (Ironically, the decision was handed down on the same day that President Bush was inaugurated for his second term.)
Calling on the Supreme Court’s 2003 decision to strike down Texas’ laws against homosexual sodomy, Lancaster ruled that “the government can no longer rely on the advancement of a moral code, i.e., preventing consenting adults from entertaining lewd and lascivious thoughts as a legitimate, let alone a compelling, state interest … the nation’s obscenity laws cannot stand in light of Lawrence.”
Lancaster also based his decision on the 1969 Supreme Court case Stanley vs. Georgia, when Justice Thurgood Marshall said, “If the First Amendment means anything, it means that a State has no business telling a man, sitting alone in his own house, what books he may read or what films he may watch.”
Lancaster also found that federal anti-obscenity laws were drafted too broadly and concluded that applied to the Extreme Associates case, “the federal obscenity statutes violate the constitutional guarantees of personal liberty and privacy of consenting adults who wish to view defendants’ films in private.”
Rather than focusing on defining the term “obscenity”, Black explained, “The issue was one of privacy. The content and all the movies are in the member’s area. It was about the right of a private individual to order these products in the privacy of their own home.”
“It took a courageous judge,” added Black, “to base his decision on the Supreme Court’s right to privacy precedents.”
Asked about his reaction when he heard the news, Black said, “I was in shock… just speechless. It was a great feeling. I actually wept for twenty minutes after I got the news. Then I called Lizzie, my parents, a couple of friends, and that’s when the calls started coming in.”
Since the case was dismissed rather than acquitted, there remains the chance of an appeal by the prosecution. If that were the case, Black said confidently, “I’m prepared to do what I need to do.”
Jay asked Black whether the industry had been supportive of him throughout the ordeal.
“Some were, some weren’t,” replied Black. “I got a lot of support on a personal level, from people who know me. But I have such a reputation of being an asshole, you know…”
Jay responded hotly, “You don’t have to like the person, but as long as what the company’s doing is legal, then you have to support them.”
Extreme Content
Extreme Associates is some of the hardest hardcore porn on the Web. Some of their movies feature adult women dressed up as young girls performing various hardcore scenes, and others contain graphic scenes of simulated rapes and killings.
After the interview with Black, questions and comment from the chat room prompted Bob to explain his views: “It’s not about whether or not you agree with his content, it’s about the effect that these cases have on the industry as a whole. If they win against Black, then who’s next?”
