Federal Court Judge rules obscenity laws unconstitutional

[mongo]

Extreme Associates Case Dismissed; Obscenity Laws Ruled Unconstitutional
By: Jared Rutter
Posted: 10:57 am PST 1-21-2005

CHATSWORTH, Calif. - In a decision that is bound to have enormous impact on the Adult entertainment industry, obscenity charges against producer Rob Black and his wife Lizzy Borden of Extreme Associates were thrown out of court today by a federal judge in Pittsburgh.

“I’m still speechless,” Black told AVN.com. “All ten counts against us were dismissed.” He said that U.S. District Court Judge Gary Lancaster made the dismissal on the grounds that obscenity laws are unconstitutional.

“We find that the federal obscenity statutes place a burden on the exercise of the fundamental rights of liberty, privacy and speech,” wrote Judge Lancaster in his opinion

more (from adult video news, contains adult content) http://www.avn.com/index.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=214089

[qwghlmian]

1. This is big - finally a judge who has a

strict interpretation of the first amendment.

This deserves to be in the LBN forum, don't you think?

[mongo]

2. I put one in yesterday, but didn't get much of a response. n/t

[qwghlmian]

3. I guess people may be turned off because

this is an adult industry case, but I do think this is a revolutionary ruling. I hope it is appealed and I hope it goes all the way up. The "shouting fire in crowded theater" is the only restriction on free speech that should be accepted.

[mongo]

4. Well that and child porn of course.

As far as restricitons to speech go.

[mongo]

5. My letter to the judge

The Honorable Judge Gary L. Lancaster
U.S. District Court
Western District of Pennsylvania
Pittsburgh Division
U.S. Post Office & Courthouse
Seventh Avenue & Grant St.
Pittsburgh, PA 15219



Your honor;

I would like to commend you on your controversial decision to dismiss the case against Rob Black of Extreme Assoc, and your ruling that obscenity laws are unconstitutional.

I am sure that by the time you read this, you will be facing a backlash from that decision. Thank you so much for standing up for free speech, even speech that is not popular with some people. In these days where the congress holds hearings on “the addictive nature of pornography”, in which only one side was represented, and junk science is presented as “facts”, I am glad that some people in our government, such as yourself exist. You have taken the high road here, used your common sense, and have helped preserve my right to read or view material as I see fit. You have railed against a rising tide of fascist theocracy, which has been brewing in America.

Again, thank you from the bottom of my heart. My wife and I own and operate a small town lingerie and erotic boutique, and you do not know what it is like knowing you can be arrested any day of the week for SELLING A MOVIE. Your ruling will make a positive impact on my life.

Your honor, I can personally attest that porn is not addictive. Do I have regular customers? Sure. A few of my customers may buy 3 or 4 movies per week. But how many people rent mainstream Hollywood videos every week? Or watch multiple pay-per-views on Cable? How many people have subscriptions to multiple movie channels? Porn is simply entertainment. Many of our customers are couples who are shopping together. We also help many couples spice up their love lives with adult toys, and are here to answer their questions, and provide advice on sexual problems. We help people – the bulk of which are married couples have a more satisfying sex life. Without the revenue our video sales produce, we could not stay in business.

I never really understood obscenity laws anyway. How can it be illegal to sell a product that is legal for you to possess? Why is it in a country that cherishes individual liberty, do we rely on “community standards” to decide what a person can chose to view? What is a community standard, when you can view almost anything in the same community on the Internet? Why can I be arrested for selling a movie that can be pay-per-viewed on cable in the same town, on a cable system that was given a franchise by the local government?

Once again, thank you for your decision. I am sure it would have been easier for you to let the trial be held – your decision shows bravery and a conviction to personal liberty, and the Constitution of the United States.