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Obscenity Charge Reinstated

In a unanimous opinion released Thursday, a three-judge panel of the Third U.S. Circuit Court of Appeals overturned the ruling of District Court judge Gary Lancaster and reinstated all charges against Extreme Associates, Rob Black and Lizzy Borden.

In January of this year, obscenity charges against Black and Borden were thrown out in the first federal obscenity prosecution in over a decade. The two were charged in August 2003 with distributing obscene videos to Pittsburgh addresses through the mail and transmitting obscene images over the Internet.

“Because we conclude that the District Court improperly set aside applicable Supreme Court precedent which has repeatedly upheld federal statutes regulating the distribution of obscenity in the face of both First Amendment and substantive due process attacks, we will reverse the judgment of the District Court,” wrote Judge D. Brooks Smith…

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