Posted on 08/28/2003 2:34:00 PM PDT by Houmatt
Rob Zicari and his fiancée, Janet Romano, are facing the first major federal prosecution for obscenity in more than a decade. They face 10 counts relating to the production and distribution by mail of obscene materials, and each could get 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."
Buchanan is the lead prosecutor on the case against Zacari. So jurors in Pittsburgh will have to decide if Zicari's movies fit the legal definition of obscenity.
"The material depicted in the videotapes produced by Extreme Associates is extremely vile, degrading and extremely offensive to women," Buchanan said.
The nature of Extreme Associates' movies makes it an ideal target for Attorney General John Ashcroft's Justice Department's opening salvo in its long-anticipated war on obscenity.
Ashcroft had planned on launching the anti-obscenity initiative back in 2001, but was sidetracked by the 9/11 terror attacks. Now the issue is once again a priority for the Justice Department.
"I can tell you that as long as I'm chief of the section, the section will work very hard to prosecute obscenity cases along with child pornography, another important focus for us," said Andrew Oosterbaan, chief of the Justice Department's Child Exploitation and Obscenity Section.
"This is about a priority for the country. This is something the country wants prosecuted and therefore we're prosecuting it."
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.
People inside the multibillion-dollar porn industry say community standards have become more accepting in recent years, pointing to the success of Boogie Nights, a drama about 1970s adult filmmakers, several years ago.
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 were arraigned Wednesday in Pittsburgh. Both pleaded not guilty.
Please start by informing me of the difference between a Hollywood rape/murder scene and an "obscene" rape/murder scene. I will even grant you that the porn shows a few more body parts and lacks a leftist plot.
Good for him. But he's also in charge of the domestic war against the terrorists. Diverting resources to go after pornographers when we are coming up on the two year mark since 9/11 (al Qaida loves symbolic dates and places) is rediculous. And aside from that, there are plenty of real murderers and rapists that he should be concentrating on and filling up limited prison space with. I'm sure there's stuff you've never seen before that would curdle your testicles. And when you've seen it, you'll wonder why people are allowed to sell it.
Yeah, I've seen some pretty disgusting things on film. I've seen enough to know that I don't like it and have no desire to see any more of it. That's all part of character, I guess. But this stuff is so far from making the top ten list of what law enforcement needs to be focusing on right now.
Now THAT would make an obscene picture!
Extreme is one of the most successful, heavily advertised production houses in the business, contributing a LOT of ad dollars to AVN.
Sounds like ol' Fishbein might be trimming his sails to whichever way the wind is blowing, but he has absolutely zero history of doing this, so I find this quotation highly dubious.
I've seen some of the videos in question, and the rubes at the DOJ must be smoking some of the confiscated grass from the DEA. There's no way they're going to be able to prove this case.
General Washington: "How are you doing, soldier?"
Cpl. Lawyerman: "Just fine sir. The frostbite only got two of my toes and I should be good as new by spring as long as gangrene doesn't set up in the wound."
General Washington: "You're setting a good example for the rest of the men through your endurance these hardships. Stout-hearted fellows such as yourself are a gift from God..."
Cpl. Lawyerman: "Please General, stop mentioning your diety. I don't appreciate you using your position of authority to force your beliefs on me, and it makes me feel uncomfortable when you mention ."
General Washington: "...If that's your wish. So what motivates you to stay out here in this frozen darkness without hope of eternal reward?"
Cpl. Lawyerman: "Well, personally General, I'm doing it for the PORN..."
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On second thought, maybe that's not a very realistic conversation. :p
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