Yesterday the trial against Rob Black, Lizzie Borden, and Extreme Associates inched forward as their lawyer asked that their indictment for distribution of obscenity be thrown out.
The Pittsburgh Post-Gazette reports that Louis Sirkin, who is handling Extreme’s defense, suggested that federal obscenity laws are unconstitutional because possession of obscene material isn’t considered illegal, but production and distribution is not.
"If I can't buy them, there really is no right," said. "In order to be able to possess it, I need to be able to buy it."
Sirkin’s argument was that the right to watch adult videos is infringed if there is no place for consumers to obtain them.
Sirkin relied on Lawrence vs. Texas, the 2003 Supreme Court decision that struck down laws prohibiting sodomy, to establish that prohibiting consenting adults from watching adult videos was tatamount to the government invading the privacy of their bedroom.
The judge overseeing the case said that he would make a ruling on Sirkin’s argument as soon as possible.
