Obscenity
Laws Ruled Unconstitutional
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. All ten counts were dismissed
as 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. The judge based his decision on
the Supreme Court’s Lawrence vs. Texas ruling last year, which
struck down a Texas sodomy statute. Lawrence v. Texas said in
effect that the government can no longer use “compelling interest”
as a rationale for suppressing what adults many do in private.
The
Black ruling extends this concept to Adult entertainment. In effect,
you should be able to see what you’re able to do.
Judge Lancaster’s
opinion: “After Lawrence, the government can no longer rely on
the advancement of a moral code, i.e., preventing consenting adults
from entertaining lewd or lascivious thoughts, as a legitimate,
let alone a compelling state interest.”
Walters cautioned
that since the case ended in a dismissal, not an acquittal, the
government will likely appeal.