Quote:

I thought bullshit like this was over when charges were dropped against Zicari and Romano (Extreme Associates) vs. The United States Government?

Uhh, when did this happen?

Read from the 3rd Circuit's Court of Appeals decision (case 05-1555):
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We are satisfied that the Supreme Court has decided that the federal statutes regulating the distribution of obscenity do not violate any constitutional right to privacy. For district and appellate courts in our judicial system, such a determination dictates the result in analogous cases unless and until the Supreme Court expressly overrules the substance of its decision. Lawrence v. Texas represents no such definitive step by the Court. It was therefore impermissible for the District Court to strike down the statutes at issue based on speculation that Orito 30 and other pivotal obscenity cases “appear[] to rest on reasons rejected in” Lawrence. Agostini, 521 U.S. at 237. 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. Singletary, 268 F.3d at 205. We conclude that directly applicable Supreme Court precedent, upholding the constitutionality of the federal statutes regulating the distribution of obscenity under First Amendment and substantive due process privacy rights, governs this case.


The District Court was bound by that authority, as are we, to uphold those statutes as applied to Extreme Associates on behalf of its customers. As such, the District Court erred in striking down the statutes and dismissing the indictment against Extreme Associates.


Accordingly, we will reverse the Order of the District Court and remand the case for further proceedings consistent with this opinion.