The below statement was copied and pasted from the Evolution Erotica website. Tom made a statement about the Federal indictment of Extreme Associates and the adverse ramifications it might have for the entire porn industry.Tom also related that last month was his busiest in his entire 20+ year porn career, which helps explain why he hasn't been posting much at ADT for the last couple of weeks or so.
No disrespect to Tommy but Rob Black can go fuck himself. For all of our sakes he better win his case - the case he brought on himself with his carnival barker circus antics. I wholeheartedly support anyone's right to produce any content in which adults of sound mind consent to participate and I would defend to the death his right to produce anything falling into this category but Rob Black is no hero. He set out with the express purpose of antagonizing the anti-porn zealots by shouting from every rooftop to anyone who would listen "Here I am Right wing conservatives. I'm pushing the envelope". The height of his hubris being his involvement in the "PBS Frontline" story. There was a time when this was a quiet industry trying to do it's business under the radar of the Religious wackjobs and ultra-conservatives but Black changed all that. If a slew of new indictments follow, we will all suffer because Tommy is right - to the Ashcrofts of the world, porn is porn. The consumer will have less of a selection as companies who can't afford to defend themselves go belly up and we who earn our living making this product will suddenly find ourselves unable to pay our bills all because Rob Black decided he wanted to be the poster child of free speech. His ego won't pay my mortgage or feed my kid.
Mike Quasar, I want you to carefully consider what I am about to say (write).
What if it was part of Ashcroft and Company's strategy all along to initiate their attack on the porn industry by going after a man who not only produced some of the most vile porn imaginable, but a man who is also so widely despised within his own industry, that very few people in his industry would be willing to come to his aid (financially or otherwise)? This would greatly increase the Government's chances of securing a conviction of Rob Black (and Lizzy Borden), since the defendants' financial resources are somewhat limited, while the Government's financial resources are much more substantial.
In other words, Mike Quasar, you could be playing right into the Government's hands, even though in doing so, you might be securing your own future demise in the porn industry. Even you yourself have acknowledged that this is a distinct possibility.
Yes, Rob Black is an utterly reprehensible character. Yes, he has thumbed his nose at his own industry and maliciously hurt a lot of people. Yet, Mike Quasar, I think it was Benjamin Franklin who said: "We must, indeed, all hang together or, most assuredly, we shall all hang separately." Hating Rob Black and refusing to come to his aid, plays right into the Government's hands, and could help plant the seeds of your own destruction.
I think EagleSpirit's idea is a good one. He's seeing the bigger picture without letting personal likes or dislikes enter the equation. If a fund could be set up whereby the money would be tightly controlled so that it could only be used for its intended purpose, then I think that would greatly improve the chances of the entire porn industry to weather the coming prosecutorial storm.
Btw, I know of the pre-existing organization in the porn industry that is supposed to carry out this function, but I have heard nothing but bad things about that organization and don't trust it.
I here exactly what you are saying Quaserman, unfortunately the way I see it no matter what people think of Rob Black you are most definately right. He better win this case is the bottom line. Are you willing to set aside your differences and help him win Quaserman?
Even though this court jester invited the feds to his house for dinner I'm not going to pretend that I have any moral superiorty on this issue as I am also a pornographer but I don't know what I could personally do to come to his aid other than cross my fingers. I agree with the Ben Franklin analogy except that were it not for Rob's big fucking mouth, it's possible that none of us would have to hang at all. This guy watched "The People Vs Larry Flynt" a few times and decided to become a super hero of the first amendment. The problem is - nobody fucking asked him to do it and this ain't Hollywood. This is our livelihood. He has 100% of my moral support. I understand that he felt that he was rebelling against the hyporcrisy that is American society but I don't believe that he considered the consequences for the rest of us who don't shoot simulated rape scenes or movies where girls puke into bowls and ingest it once more. He can be a martyr so long as he agrees to make my car payment for me... but I do wish him the best of luck and not just for the obvious selfish reasons.
I totally agree with Pontus Maximus, the government IS relying upon the industries dislike of Rob Black on this issue. Something most definately needs to be done aside from crossing fingers!!!! I myself am broke, but when it comes to fundraising for a good cause I will do what I can. This is a very serious issue.
The government is completely unaware of whether or not "the industry" hates Rob Black. They are however aware that Rob has produced movies such as "Forced Entry" and "Cocktails". Whether I or anyone else agrees with the content of these titles is irrelevant. The bottom line is that Rob Black shot his big fucking mouth off about these titles and now we will all potentially pay the price. Evil Angel, Anabolic, Red Light District - all potentially on the chopping block Raincoaters. All because of your hero Rob Black.
Rob Black was never my hero, although I did enjoy the original Cellar Dwellar. Quaserman uses the term Raincoater like it's a bad thing??? The only thing I said is it is going to take a lot more than crossed fingers to win this battle. Rob Black is not a martyr, just an easy target, many people do not like him and thats a well known fact. I believe that if Rob Black didn't walk the edge somebody else would have and we would still be in the same boat under this administration.
I think Quazarman is right on the government not knowing/caring about Extreme's social status within the industry. The investigation and subsequent raid provided them with all of the info that they needed to get an indictment. They have accounting and banking records on the company, Rob and Lizzie. The feds could tell from that info alone that they had chosen an easy target that didn't have the resources to defend itself.
The goverment could have went after Extreme much earlier but I suspect the timing has a lot more to do with political motivations than the industry's general disdain for Rob Black.
Just to play Devil's advocate here: What happens if a huge multi-million dollar defense fund is found sitting at the end of the rainbow? Rob could then afford the best lawyers money can buy. He might even win. What then? Does he become the industry's hero and champion of the First Amendment?
If Rob Black does win he may very well become a "hero" and champion of the First Amendment, so what? It will soon be forgotten and there are many people that have walked the line before him and won, then again there are many people who have lost. Didn't Seymoure Butts and Max Hardcore recently win obsenity cases? Are they Hero's and champions of the First Amendment? Hell yes they are.
Kind of. I didn't think they were all-out wins but I don't remember the details. I seem to recall both of them ending in plea bargains. It's also a bit of an apples-oranges thing to compare Los Angeles City prosecutions to a Federal indictment.
Rob has a very good lawyer, if he wins it will expand the limitations put on pornographers, if he loses someone is next. Although he pushes the limits, the adult industry needs to "support" him, because if there was no extreme, someone else would be the target. This will be a precedent setting case for sure.
I am sure Rob does have a good lawyer, but it is going to take more than that, he definately needs the support of the industry. He needs several lawyers.
Just to indulge the obvious.... The Feds would have no jurisdiction if the case was being prosecuted based on physical goods shipped within CA, or electronic transmissions that did not cross state lines.
You are very right Drew on that the electronic transmissions did cross state lines, but my question is who made them cross state lines? Did Extreme spam the undercover postal inspector sending the information, or did the undercover postal inspector download the electronic transmissions using taxpayer dollars?
The precedent setting portion of this case as I see it will be in how the court rules on the downloaded video clips. The shipment of allegedly obscene tapes is fairly cut and fry from a layman's legal perspective.
The "new law" and potential for precedent comes into play when the court decides if a few minute segment of a video distributed electronically over the internet constitutes an entire work. It will be interesting to see how they apply the set of obscenity tests for these items.
I have read the indictment, the US attorney states violations of the Federal Communications Act of 1934 section 230(e)(2) and I read the warrant too, I didn't find any reference to that violation in the warrant.
my theory is that max hardcore and seymore butts could have possibly been "up" to face federal charges if they would have "plead out" or found guilty in CA. If i'm correct Ashcroft was setting up to attack the porn industry before rob antagonized the govt. I'm sure we will all (producers/distributors)benefit in some way if Extreme does win though.
I guess we can go off in a million different directions discussing side issues (some of which are pretty important). But what it all boils down to is that if Rob Black loses, then the whole porn industry becomes more vulnerable. If no one helps him financially, then that increases the odds that he'll lose, regardless of how gifted his lawyer is (I think it was Johnny Cochran who said that "You're innocent until proven broke"). Given a choice between Rob winning and gloating, or Rob losing and the Government gaining an important advantage in future prosecutions of the porn industry, which would you prefer?
The beauty of a legal defense fund is that no one is forced to give if they don't want to. And of those who choose to give, they decide on the amount they give. Would you contribute a dollar? The size of the donations could vary greatly, dictated by the financial means and commitment of each contributor, but if enough people contributed, the final amount raised could be substantial. The more financial backing Rob Black has, the greater the odds that he will prevail. He's not my hero. Personally, I despise him and have for years. However, I'm thinking of the welfare of the porn industry, not the welfare of Rob Black.
Pontus
Edited by - Pontus Maximus on 8/23/2003 4:32:57 AM
Well, EagleSpirit, I think your idea of a legal defense fund is what would be the most effective, but I confess that I don't know how to go about setting something like that up or how to promote it. Nor do I think that I personally should endeavor to do something like that. I just wish that some highly qualified and capable person (some well-respected porn industry insider with a lot of clout and connections) would rise to the task.
I'm not exactly sure how to establish the fund either, but I have nothing to lose trying. I've been involved in this kinda stuff before but this would definately be a new endeavor. If anybody else who is experienced wants to step up to the plate I am 100% behind them. If not I will do this on my own. I have addressed this issue more than once and have recieved very little response. I am not sure if people are afraid to talk about it for fear that they may become the next target or if they just don't care.
There are only about 5 people that have responded to this topic, and this topic involves everyone from the fans to the producers. Everybody's rights here are at stake so why the lack of enthusiasm???
EagleSpirit, I wouldn't worry about that at all. How many people read or post in this thread is irrelevant. Although ADT is read by many people, nonetheless it is the tip of the iceberg compared to the total number of people who would need to be reached beyond ADT. But even where ADT is concerned, these contributions could be solicited more effectively elsewhere on this site than in a thread in any of its forums (I'm not implying that ADT will go along with this idea, nor would I think less of them if they choose not to become involved in such an endeavor).
EagleSpirit, although I admire you for being willing to step up to the plate and take this on yourself, I believe that to pull this off really would take the kind of person that I described in a previous post. Such a person would be able to quickly set up such a fund, have it properly administered, and have the wherewithal to promote it widely and effectively to potentially millions of people (porn industry types and porn fans alike).
I don't understand this whole indictment thing. I mean nobody is being raped or forced to do anything in these movies, they do it because they want to so what's the big deal? Maybe I'm being just a little naive but that's because I live in the most liberal country when it comes to pornography.
Because no matter how much money Rob Black has for his defense, he'll just blow it by acting like an asshole in the courtroom (ala Al Goldstein).
For years, industry people have tried to get him to calm down and his attitude was "Fuck You". I think that's coming back to haunt him now.
I agree that his conviction will lead to other prosecutions. However, I don't think tht it will lead to other successful prosecutions. The stuff being prosecuted can't be compared to other product on the market on an apples to apples basis.
The topic was started at 8:30 PM on a Friday evening. The post I quoted was made at 4:54 am. Is it possible that people might be sleeping or simply away from their computers?
With respect to setting up a legal defense fund I recommend that you contact Rob Black directly. That would be the most effective way to get things rolling if you're so inclined. I think that Extreme may already have something in the works.
It's fairly easy to set up a form to accept donations through Paypal.
We really need morbidthoughts here, but obviously he has no intention of jumping into the tar pit.
I agree with Bill and Drew. This might be a blow for our fellow porn-hounds in that locale, but, unless my understanding of the Supreme Court ruling is wrong, it doesn't make an ipso facto case for the material being obscene anywhere else.
I'm sure the government hopes for a chilling effect and also expects to attempt further prosecutions. The thing I doubt is whether their failure to win this one will deter them from the next one. However, the important issue in this trial is the distribution of video clips via the Internet. As Drew suggests, that could truly be precedent setting. Personally, I think it would take a very poor attorney or a very stacked deck to lose that count.
In other words, Rob Black really can "go fuck himself" if the rest of the industry and, more importantly, the distributors are prepared to thumb their noses at the government's attempt to buffalo them.
Personally, I would like to see the industry band together to sue the federal government for restraint of trade and harassment. There's a little known clause in NAFTA that would be perfect if the industry operated in Canada instead of the US. Still, they might win big even as it is.
Poor Turkey running for her life with Christmas Hat 3713 Posts 9/01
Posted - Aug 23 2003 : 12:04PM
I have not read the original indictment because it was long and I am lazy. The suspicion that some of the posters in this thread have that this may be part of a bigger strategy to go after the industry may be valid. My view is that it is a bigger plan to go after the industry. As such, people have to get behind Rob or at least support his legal defence. One way is to get a legal fund set up that is outside Rob Black's control so that people can support his defence without necessarily supporting him personally. We have to separate out support for Rob from support for freedom to produce porn regardless of how offensive the porn may be. As long as the porn is not obscene and does not involve minors, it should be allowable and legal.
Poor Turkey running for her life with Christmas Hat 3713 Posts 9/01
Posted - Aug 23 2003 : 12:28PM
Having the lawyers collect the money directly will probably create more problems as well as raise conflict of interest issues. A neutral third party (who should be trustworthy -- not me as I will run with the money ) should open a transparent fund set up to raise money to defend the issues. Any leftover monies (not likely) can be used for similar defences. As is, people will be reluctant to send money to Rob Black directly and this is a mechanism to raise money for defending the production of adult titles.
I try and watch The Bill O'reilly Factor every time it's on and caught Extremes lawyer defending his case. Of course Bill wanted to see them get the maximum so evidently he saw the tape and showed some of it on his show. Their lawyer said you can say anything you want and thats what his defense is going to be But bill's tact was that you can't and shouldn't be allowed to show something like Forced Entry because some demented soul might get hold of a copy and might loose control and harm someone. He was on their for a good eight or so minutes thats more than any other network has given the story so far.
Oh, please! You can watch people being slashed and shot and burned and hanged and what-have-you with impunity, but add sex and its suddenly overwhelming? Of course, we are talking about 'O'Rarely,' so why should I be surprised that his arguments are lame.
#SDNY he's all yours. -- Michael Steele 5110 Posts 3/03
Posted - Aug 23 2003 : 1:31PM
I suspect that "the industry" at large will not contribute a cent toward Black's legal fees. They wouldn't cross the street to piss on him if he was on fire.
Any fund set up for contributions by porn consumers (to whom Black reportedly refers as "marks") would, at best, amount to a drop in the bucket. The monies might well also mysteriously end up diverted to fund wrestling promotions or some such thing.
The only person I can think of who would have the resources to subsidize a defense, and at least possibly the inclination to do so, would be Larry Flynt. It would be very interesting to know who wrote the check for Black's lawyer's undoubtedly sizeable retainer fee.
Nothing says I love you so much as a tongue in the ass. 2884 Posts 1/03
Posted - Aug 23 2003 : 1:52PM
Has anybody considered the possibility that the government would love to see a vigorous defense that could carry this case into the appelate courts and ultimitely the Supreme Court. This administration would love to revisit certain rulings (Roe v Wade for one) with this more conservative court. Maybe they're hoping that this kangaroo court will rule in their favor and start the ball rolling toward Washington.
I know this is a little of topic but I'm amazed at how some can say it's a conservative court when they made discrimination legal and gay sex legal both are examples of legislation from the bench. And if the EE case does go as high as the Supreme Court it could go either way.
Hmmmm. What are the odds of me sending my spare money to Rob Black, rather than donating to the animal shelter, the hospice, or the new library building fund?
I posted my own take on why the Justice Dept. chose Western Pennsylvania in a related post Western PA
Another reason why it was likely to be PA, and not another state is because Extreme Associates says on their web site that they can't legally ship to a P.O. box in a lot of states, but PA is not among them. The case got started when the Postal Inspector ordered the 5 videos and had them shipped to a Western PA P.O. box, as described in the indictment/warrent.
Having read through the entire indictment, including the detailed decriptions of scenes in the 5 videos, I have two main thoughts on all this. Four of the videos sound disgusting and in poor taste, but it is debatable whether they meet the legal requirements of obscene material.
However, "Forced Entry" is for me in another category. Black/Bordan chose to recreate the crimes of the actual rapist/murderer Richard Ramirez, who is now on death row in California for committing 13 murders in the mid 1980's. They chose to "spice" up the story by adding a variety of sex acts to this work of art, and then to sell it for anyone's sexual gratification. They had an actor in the film shout out "Richard Ramirez, you are my idol."
It is bad enough for the family members of Ramirez's victims to have to live through their ordeal. To have Black/Borden profiting from their misery is reprehensible, and I'd like to see how they defend this in court.
Doesn't sound so different from some of R. Kern/Nick Zedd/Lydia Lunch art-fuck movies from the 1980s. I guess those movies were more "punk rock" than "porn." But I have to say from a porn-viewer standpoint, what little I saw of "Forced Entry" was anti-pornographic , as I define porn, anyway. They can probably succeed in fucking up Rob's life even more than it already must be, but I seriously doubt they'll get beyond the first appeal to the guilty verdict before the ruling is overturned.
Yeah, the Justice Department may have actually screwed up here. How anybody could say those movies appeal to one's prurient interest is beyond me. Sure, they're offensive, but have you looked at modern art lately?