PITTSBURGH – The on again of again Extreme Associates case is on again with a ruling from U.S. District Court Judge Gary Lancaster, AVN reports.

Lancaster had previously dismissed the indictments but the Third Circuit court in December, 2005 re-instated them. Lancaster reviewed Extreme’s arguments for dismissal which included how the Miller standards taken as a whole and community srandards cannot be applied to the Internet clips at issue; that the federal obscenity statutes in general are overbroad; and that the digital video clips charged do not qualify as “tangible material” under the obscenity statutes.

“The criminal obscenity statutes at issue, as well as the Miller test, have repeatedly been deemed constitutional,” Lancaster stated according to the AVN article.

“If there is going to be a change in the law, it must come from the top down, not from the bottom up,”Lancaster stated.

“There is no controlling authority holding that the federal obscenity statutes, or the Miller test, are unconstitutional as applied to materials available via the Internet,” Judge Lancaster continues. “Therefore, for that reason, we deny the defendants’ second motion to dismiss.”