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Don't Panic

Remember the War on Obscenity? It's Back.

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Taken from the ACLU's website.

Attacking the economy is definitely the best way to jump-start it again.

No doubt.


Politics of Porn - Justice Department Launches Long-Anticipated War on Obscenity

By Jake Tapper



Aug. 27


Rob Zicari and his fiancée, Janet Romano, arrived at a Pittsburgh courthouse this morning to face the first major federal prosecution for obscenity in more than a decade. Earlier this month, they were indicted and today they were arraigned on 10 counts relating to the production and distribution by mail of obscene materials. They each face 50 years in prison and a fine of up to $2.5 million.


"We're facing more time than the guy that they just arrested that was trying to sell the surface-to-air missile," said Zicari.


On April 8, law enforcement seized five movies produced by Zicari's California-based company, Extreme Associates, which bills itself as "The Hardest Hard Core on the Web."


One of the confiscated movies, Forced Entry features three graphic scenes of women being spat upon, raped and murdered. Extreme Teens #24 has adult women dressed up and acting like little girls in various hard-core pornographic scenes. We can't even tell you the title of one of the films.


'There's Nothing Wrong With What We Do'


Most Americans would probably find the content of the films disgusting. Zicari doesn't disagree - but he says to each his own.


"There's nothing wrong with what we do," said Zicari. "[W]e're not drug dealers or murderers, you know. We make movies. That's it."


But for the Bush administration, that's enough.


"Obscenities have always been a priority of the attorney general," said Mary Beth Buchanan, U.S. attorney for western Pennsylvania. "[A]nd he has asked each U.S. attorney to make that our priority as well."


Los Angeles, or more specifically the San Fernando Valley, produces about 80 percent of American porn. That makes it an ideal target for Attorney General Ashcroft's Justice Department opening salvo in its long-anticipated war on obscenity.


But western Pennsylvania's Buchanan is the lead prosecutor on the case. So jurors in Pittsburgh will have to decide if Zicari's movies fit the legal definition of obscenity.


Hard to Watch = Difficult to Defend


The Justice Department has chosen its target wisely. Zicari's films are difficult to watch - which may make them difficult to defend.


To meet the legal definition of obscenity, a film has to depict sex in an offensive and prurient fashion with no artistic value. It is this subjectivity that worries some in the industry.


Paul Fishbein, president of Adult Video News,a trade journal for the adult entertainment industry, is well aware of the conflict presented by the films of Extreme Associates. "They're horrible, unwatchable, disgusting, aberrant movies that I'd have to vote were not obscenity because the First Amendment is pure and has to remain pure," he said.


"The funny thing about my business is I don't force it on anybody," said Zicari. "The only people that are going to be forced to watch my movies are the 12 people that sit on that jury."


The Bush administration says that overall, adult films today are far more offensive than ever before. It places much of the blame with the Clinton administration for, it claims, not making obscenity prosecutions a priority


Pleasing the Christian Right


Many anti-obscenity activists are members of the Christian right, a group that generally admires Ashcroft and is a key constituency in President Bush's re-election campaign.


Zicari vows that he'll fight this to the end. But it's unlikely that his prosecution will be the last.


"The current prosecution of Extreme Associates should put the pornography industry on notice that the U.S. Department of Justice is vigorously enforcing the federal obscenity laws," said Buchanan.


Zicari and Romano pleaded not guilty. The trial is expected to last no more than two weeks.

Copyright © 2002 ABC News Internet Ventures.

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