Extremely Protected

The obscenity case against the pornmakers Extreme Associates, which Greg Beato covered in Reason last year, hit a snag Friday when a federal judge dismissed the charges.

From the Philadelphia Inquirer's account:

Because people have a right to view such material in the privacy of their own home, there's a right to market it, U.S. District Court Judge Gary L. Lancaster said in dismissing the case against Robert Zicari and Janet Romano, both of Northridge, Calif., and their company, Extreme Associates.

Lancaster said prosecutors overstepped their bounds while trying to block the material from children and from adults who didn't want to see such material inadvertently.

The judge also found that the state cannot ban material simply because it finds it objectionable, based on the U.S. Supreme Court's June 2003 ruling that struck down a state ban on gay sex….

In a written statement, U.S. Attorney Mary Beth Buchanan said prosecutors were "very disappointed" and were reviewing the case and examining options, including a possible appeal.

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