Fed. Judge Refuses to Dismiss Red Rose Obscenity Charges

PITTSBURGH — U.S. District Judge Joy Flowers Conti has refused to dismiss the federal obscenity charges pending against Karen Fletcher, aka Red Rose, according to media reports.

As reported by the Pittsburgh Post-Gazette, Conti’s refusal to dismiss the case stemmed from the fact that Fletcher's attorney's arguments were similar to those made in the Extreme Associates case , which recently were rejected by the 3rd U.S. Circuit Court of Appeals.

Fletcher was indicted last year on six counts of transmission of obscene material in connection with short stories that she posted on the Internet for a $10 monthly fee. Fletcher’s website had 29 subscribers, according to evidence submitted in the case.

Jerome Mooney, one of Fletcher’s attorneys, described her as a “poor, damaged woman” who writes the stories as a therapeutic measure to alleviate the emotional pain caused by her own history of abuse.

Mooney attempted to distinguish Fletcher’s work from graphic visual depictions involving real people and real sex, like the materials involved in the Extreme Associates case.

“Textual material is different than other kinds of visual depictions,” Mooney said. “Text is as close to the process of thought as we can get.”

In response to that point, Conti asked Mooney if the problem in the case wasn’t that Fletcher had written the stories, but that she had sold them for profit. Mooney countered that the only way Fletcher could disseminate the stories online, and at the same time keep children from reading them, was to require the subscription fee, payable by credit card.

“The 1st Amendment doesn’t mean much if one is only allowed to write down their own thoughts for their own perusal,” Mooney said.

Assistant U.S. Attorney Stephen R. Kaufman responded that the government is not trying to control Fletcher’s thoughts.

“There’s no legal prohibition with Ms. Fletcher sharing these stories with next-door neighbors or friends,” Kaufman said, adding that the law does prohibit distributing such stories through the mail or online.

After Conti denied the motion based on that argument, Mooney reportedly moved on to his next contention, that under the Miller test for obscenity, the work at issue must be considered as a whole. Taken as whole, Mooney asserted, Fletcher’s work would not be considered obscene under contemporary community standards.

Mooney further asserted that the government had erred in charging Fletcher based on the six individual stories, saying that the government should have considered Fletcher’s website in its entirety the “work” in question, and charged her with only one count.

Kaufman countered that the stories were published separately on her website, and were not related to each other.

Mooney also argued that given the online nature of the work, it’s difficult to define the “community” affected.

Kaufman responded by saying that in this case, the community is the area from which the jury will be drawn, which is the Western District of Pennsylvania.

After the hearing, Mooney told reporters that he wasn’t surprised by the judge’s rulings on most of the issues, especially in light of the 3rd Circuit’s ruling in the Extreme Associates case, which still has not gone to trial.

Mooney said that he was disappointed, however, that Conti declined to make a pretrial determination of whether the stories are obscene. Mooney noted that Fletcher has been kept from publishing her stories due to the charges pending against her, even though there has been no finding that the stories are legally obscene.

“It has a chilling effect,” Mooney said. “We try very hard to keep speech free.”

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

2025 XBIZ Miami Speaker Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ Miami, the latest edition of the adult industry’s premier creator conference, set to take place May 19-22 at the Nautilus Sonesta Miami Beach hotel in South Beach.

AV Bulletin: Arizona's About-Face, What New Laws Mean for Adult

Industry stakeholders and free speech advocates have anxiously been awaiting the Supreme Court’s decision in Free Speech Coalition v. Paxton, which could significantly impact state age verification laws around the United States. In the meantime, state legislatures continue to weigh and pass AV bills, the U.K. and the EU are moving ahead with their own AV mandates and strategies, and legal challenges continue to play out in U.S. courts — with some cases on hold pending the SCOTUS ruling in Paxton.

Million Billion Media Launches New Website

Management and PR agency Million Billion Media (MBM) has launched a new website.

'Neon Nightswim' Party Returns to XBIZ Miami

XBIZ is pleased to announce that the annual Neon Nightswim Pool Party will once again illuminate XBIZ Miami on Tuesday, May 20.

FSC Addresses UK Age Verification Guidelines

The Free Speech Coalition (FSC) has published an article offering guidance on the U.K.'s Online Safety Act and the various guidelines put forward by the country's telecommunications regulator Ofcom.The article follows:

European Commission Posts AV Guidelines, Seeks Feedback

The European Commission has made public its draft guidelines on protecting minors online under the Digital Services Act, including age verification requirements covering adult sites and platforms.

'White-Hot' Party Set to Kick Off XBIZ Miami

XBIZ is pleased to announce that the annual White-Hot Party, the official opening bash of XBIZ Miami, is set for Monday, May 19, at Mynt Lounge in South Beach.

AEBN Publishes Popular Searches for March, April

AEBN has announced the top search terms for March and April from its straight and gay theaters in all 50 states and the District of Columbia.

Takedown Piracy Adds 'Search Max' Feature

Takedown Piracy has launched Search Max, a search engine for detecting, verifying, and removing Google infringements.

Sex Workers' Group Fights Proposed Swedish Ban on 'Remote' Sexual Services

The European Sex Workers’ Rights Alliance (ESWA) has launched a campaign against a Swedish government proposal to expand current laws against purchasing sexual services to apply to acts performed remotely by cammers, streamers and custom content creators.

Show More