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.

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