PITTSBURGH -- The federal obscenity case against a husband-wife pornography business is moving to the next level.

U.S. Department of Justice officials said Wednesday that the government will appeal a recent Pittsburgh ruling that dismissed obscenity charges against Robert Zicari and Janet Romano, both of Northridge, Calif., and their company, Extreme Associates.

Zicari and Romano, also known by the stage names "Rob Black" and "Lizzie Borden," were charged in August 2003 with distributing obscene videos to Pittsburgh addresses through the mail and transmitting obscene images over the Internet.

At the time, U.S. Attorney Mary Beth Buchanan said Extreme's videos showed "violent, brutal, degrading" material that depicted rape and murder of women.

Last month, U.S. District Court Judge Gary Lancaster threw out the charges, saying that people have a right to view such material in the privacy of their homes and Extreme has the right to market it.

If upheld, Lancaster's ruling "would undermine not only the federal obscenity laws, but all laws based on shared view of public morality, such as laws against prostitution, bestiality and bigamy," according to a Justice Department press release.

Attorney General Alberto Gonzales said the sale and distribution of obscene materials are not protected under the First Amendment.

"The Department of Justice remains strongly committed to the investigation and prosecution of adult obscenity cases," Gonzales said.