Gonzales Seeks to Reinstate Porn Indictment

WASHINGTON (AP) February 18, 2004 — The Bush administration said Wednesday it would seek to reinstate an indictment against a California pornography company that was charged with violating federal obscenity laws. It was Attorney General Alberto Gonzales' first public decision on a legal matter.

Billed as the government's first big obscenity case in a decade, the 10-count indictment against Extreme Associates Inc. and its owners, Robert Zicari, and his wife, Janet Romano, both of Northridge, Calif., was dismissed last month by U.S. District Judge Gary Lancaster of Pittsburgh.

Lancaster ruled prosecutors overstepped their bounds while trying to block the company's hard-core movies from children and from adults who did not want to see such material.

The Justice Department said it will appeal the ruling to the 3rd U.S. Circuit Court of Appeals in Philadelphia. While acknowledging the importance of the constitutional guarantee of free speech, Gonzales said selling or distributing obscene materials does not fall within First Amendment protections.

"The Department of Justice remains strongly committed to the investigation and prosecution of adult obscenity cases," said Gonzales, who pledged during his confirmation hearing to pursue obscenity cases.

If allowed to stand, Lancaster's ruling would undermine obscenity laws as well as other statutes based on shared views of public morality, including laws against prostitution, bestiality and bigamy, the department said in a statement.