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Georgia , the defense argued there is a fundamental right to sexual privacy which includes the right to possess and view sexually explicit material in one's own home.

Lancaster dropped the charges, agreeing with the defense that the federal anti-obscenity statutes were unconstitutional , as they violated a person's fundamental right to possess and view whatever they want in the privacy of their own home.

Courts use one of two tests to assess the constitutionality of statutes that are faced with a substantive due process challenge: the strict scrutiny test or the rational basis test.

Therefore, we must first determine which test should be applied in this case. Where the law restricts the exercise of a fundamental right, we apply the strict scrutiny test.

Under the strict scrutiny test, a statute withstands a substantive due process challenge only if the state identifies a compelling state interest that is advanced by a statute that is narrowly drawn to serve that interest in the least restrictive way possible.

In other words, even if the government has a state interest that rises to the level of being compelling, if there is a less restrictive way to advance it, the statute fails this test.

Where it is not a fundamental right that is restricted, we apply the rational basis test. Under the rational basis test, a statute withstands a substantive due process challenge if the government identifies a legitimate state interest that the legislature could reasonably conclude was served by the statute.

It is not enough under the rational basis test, however, for the government to simply announce some theoretical and noble purpose behind the statute.

Rather, the statute must reasonably advance that purpose in order for the statute to survive even this deferential test.

Because the [ Lawrence ] case involved two consenting adults engaged in sexual activity in the privacy of their own home and not minors, persons who might be coerced or injured, public conduct, or prostitution, the Court found that no state interest — including promoting a moral code — could justify the law's intrusion into the personal and private life of the individuals involved.

In a dissenting opinion joined by Chief Justice Rehnquist and Justice Thomas, Justice Scalia opined that the holding in Lawrence calls into question the constitutionality of the nation's obscenity laws, among many other laws based on the state's desire to establish a 'moral code' of conduct.

It is reasonable to assume that these three members of the Court came to this conclusion only after reflection and that the opinion was not merely a result of over-reactive hyperbole by those on the losing side of the argument.

The Department of Justice, then headed by Alberto Gonzales , announced on February 16, , that it would appeal the ruling. That appeal was filed with the Third Circuit Court of Appeals on April 11, , argued on October 19, , and decided on December 8, The appeals court reversed the lower court and reinstated the suit against Zicari and Romano, ruling that the lower court had erred in setting aside the federal obscenity statutes, which had been repeatedly upheld in Supreme Court decisions.

The appeals court pointed to previous Supreme Court opinions stating that the right to decide whether a subsequent Supreme Court ruling invalidates an earlier one belongs to the Supreme Court alone, not to a lower court.

The ruling concluded, "we have declined to equate the privacy of the home Only the Supreme Court could say if their own prior decisions had been overturned, and they had reserved that right to themselves in past cases.

Furthermore, with regards to whether or not the fact of the Internet delivery made the community standards test inapplicable, the ruling argued, "The mere fact, without more, that the instant prosecution involves Internet transmissions is not enough to render an entire line of Supreme Court decisions inapplicable given their analytical and other factual similarities to this case.

The couple's attorney subsequently filed a petition asking the U. Supreme Court to hear the case. The petition, however, was denied.

Following the Supreme Court's denial of the petition, the case was sent back to the district court. As stated in several adult trade publications including AVN, due to the company's economic failing, Zicari and his wife decided that they were not able to retain the legal counsel needed to successfully fight the reinstated charges with a lengthy court fight.

Several attorneys involved with the case denied their lack of interest to represent Zicari. On March 11, , Extreme Associates and its owners pleaded guilty to the reinstated obscenity charges to avoid trial, effectively shutting down the company.

Extreme Associates also apparently took its website down concurrent with the plea. The couple was sentenced on July 1, , to one year and one day in prison.

Quotations from the appellate ruling :. Orito "moved to dismiss the indictment on the ground that the statute violated both his First and Ninth Amendment rights.

We conclude that the Supreme Court has analyzed and upheld the federal statutes regulating the distribution of obscenity under the constitutional right to privacy embodied collectively in the First, Ninth, and Fourteenth thus also the Fifth Amendments, as well as the Griswold line of decisions that the District Court asserted should control this case.

The fact that such analysis has never been applied within the precise scenario outlined by the District Court — i.

The Court's analysis need not be so specific in order to limit a district court's prerogative to overturn an entire category of federal statutes, even as applied to particular defendants, based on speculation about a later decision that fails even to mention those statutes.

The Court has considered the federal statutes regulating the distribution of obscenity in the context of the broader constitutional right to privacy and upheld them.

That such analysis was conducted absent its constitutional brand name does not negate its precedential value. It was therefore impermissible for the District Court to strike down the statutes at issue based on speculation that Orito and other pivotal obscenity cases "appear[] to rest on reasons rejected in" Lawrence.

Even if there were analytical merit to such speculation, an issue on which we do not opine, the constraint on lower courts remains the same. The possibility that Lawrence has "somehow weakened the precedential value of" the Reidel line of cases is irrelevant for purposes of ruling on the instant indictment.

Cossman, Brenda Sexual citizens: the legal and cultural regulation of sex and belonging. Stanford University Press.

From Wikipedia, the free encyclopedia. Extreme Associates , para. Thirty-seven Photographs. FREE Porn videos and users adult photo albums.

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