Rob Zicari - Obscenity Prosecution

Obscenity Prosecution

The filming of Lizzy Borden's movie Forced Entry, which included several simulated rapes, was covered in the PBS Frontline documentary American Porn (2002); the makers of the documentary were repulsed and walked off the set. The filming of the movie was also a part of documentary produced for the BBC 2 hosted by Louis Theroux which follows various figures of the porn industry. Louis Theroux also leaves the set in a similar manner to that of the PBS documentary. After Zicari was interviewed in the documentary and challenged Attorney General John Ashcroft. These scenes possibly led to the subsequent undercover operation by federal authorities.

In April 2003, the premises of Extreme Associates were raided by federal agents. Zicari, his wife and his company were indicted for distributing obscene pornographic materials. The case is United States v. Extreme Associates.

Zicari's company is located in Northridge near Los Angeles, but the trial took place in Pittsburgh, from where under-cover agents had ordered the offending materials.

Zicari remained in business during the trial; he continued to market and sell the five tapes that are at the center of the prosecution as The Federal Five, with a portion of the sales price going to his defense fund. Note that buyers of those materials do not break the law, since mere possession of obscenity (unlike production and distribution) is not illegal.

In April 2004, Zicari engaged in a public dispute with fellow pornographer Larry Flynt, who also had to fight various obscenity trials in the past. Zicari asked the adult industry for financial support to aid in his defense; Flynt declined, saying that he only promotes consensual sex and that Zicari's actions harmed the industry as a whole.

Zicari's lawyer H. Louis Sirkin initially argued that laws against the distribution of obscenity were unconstitutional since people have a right to own obscenity, but this argument was rebuffed on appeal.

After 6 years of legal costs, Black and his wife both plead guilty to the reinstated federal obscenity charges in hopes to avoid more extensive loss and penalties if they lost at actual trial.

Zicari and his wife were both sentenced to one year and one day in prison on July 1, 2009. In late September the couple began serving their prison sentences, Zicari at La Tuna Federal Correctional Institution in Texas and his wife at Waseca Federal Correctional Institution in Minnesota. Instead of reporting to the intended minimum-security satellite facility, Zicari mistakenly reported to the prison's primary facility, where officials placed him in solitary confinement for nearly a month because it "was the only space they had available."