Stagliano Attorneys: Miller Test Is Outdated for Online Adult

LOS ANGELES — John Stagliano’s attorneys have filed another motion to dismiss obscenity indictments against the Evil Angel owner and his companies, claiming that charges should be dropped because contemporary community standards are outdated and that the Miller requirement’s “as a whole” rule cannot be met for online content.

Stagliano’s counsel also said that prohibitions of transporting adult content, whether online or through common carrier, is an unconstitutional burden for the exercise of free speech.

Stagliano, Evil Angel Productions and John Stagliano Inc. were charged with seven federal counts of operating “an obscenity distribution business and related offenses in April. The charges stem from the mail and Internet distribution of two movies in the Washington, D.C., area.

The movies named in the indictment are "Milk Nymphos," directed by Jay Sin; "Storm Squirters 2," directed by Joey Silvera; and a trailer from Belladonna's "Fetish Fanatic 5."

Friday’s motion was in relation to the government’s opposition earlier submitted to the court.

Attorneys for Stagliano and his company — Robert Corn-Revere and Paul Cambria — said that the 1st Amendment prohibits “prosecution of Evil Angel Productions for use of an interactive computer service to distribute online communications because, unlike many offline publishers, Internet publishers cannot control the geographic reach of their communications.”

His counsel also said that 18 U.S.C. § 1465 and 47 U.S.C. § 223(d) are impermissibly overbroad because they employ Miller’s community standard element in the determination of whether certain Internet communications that are not geographically controlled are obscene.

They also said that the government’s stance as “taken as a whole” is unconstitutionally vague with respect to online communications. The Miller test requires that the material in question must be "the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest."

"We principally maintain that because 18 U.S.C. § 1465 and 47 U.S.C. § 223(d) allow the government to determine context on the Web at its convenience without sufficient notice to web publishers, the 'taken as a whole' elements of both statutes must be declared unconstitutionally vague," Paul J. Cambria, Jr. and Roger W. Wilcox Jr., two of the attorneys who represent Evil Angel, told XBIZ.

"Alternatively, our position is that the whole matter to be considered by the jury is the entire Evil Angel website, not just a tiny portion of it taken out of context,” Cambria and Wilcox said in a joint statement.

As for their last point on why the court should dismiss charges, Stagliano’s counsel said prohibitions of transporting adult content, regardless of means of transmission, is unconstitutional relative to free speech.

“Evil Angel Productions maintains that the 1st Amendment and the Due Process Clause protect defendant’s right to distribute obscene material to adults for viewing and use in private, particularly in light of Lawrence vs. Texas [which struck down sodomy laws], and the [5th U.S. Circuit Court of Appeal’s] more recent decision in ReliableConsultants Inc. vs. Earle, [relative to the sale of sex toys].”

Stagliano did not respond to XBIZ requests for comment.

View Document

Related:  

Copyright © 2026 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

Alana Rose Makes Her TeamSkeet Debut

Alana Rose has made her TeamSkeet debut alongside Gigi Sweets and Tony Sting.

Elly Clutch, Girthmasterr to Host 2026 XMA Creator Awards

XBIZ is pleased to announce Elly Clutch and Girthmasterr as co-hosts of the 2026 XMA Creator Awards, presented by premium creator platform Fansly.

Lilly Bell Leads Latest From Blacked

2025 XMAs Girl/Girl Performer of the Year Lilly Bell stars with Jax Slayher in the latest release from Vixen Media Group studio imprint Blacked.

Nicole Doshi Fronts Latest From Bellesa Plus

Nicole Doshi stars with Ryan McLane in the latest release from Bellesa Plus.

Juliana Marie Returns to New Sensations

Juliana Marie stars with Damon Dice in the latest release from New Sensations.

Amirah Adara, Dakota Dove Star in Latest From MixedX

Multi-Euro XMAs winner Amirah Adara stars with Dakota Dove in the latest release from MixedX, titled "Fatal Consultation."

Octavia Red Makes Her Digital Playground Debut in Ricky Greenwood Western 'The Drifter'

Reigning XMAs Girl/Girl Performer of the Year Octavia Red has made her Digital Playground debut alongside Alex Jones in the first installment of the new Ricky Greenwood western feature "The Drifter."

Melissa Stratton Headlines Jonni Darkko's 'Cum on My Face 3'

Melissa Stratton toplines multi-XMAs-winning director Jonni Darkko's “Cum On My Face 3,” from Evil Angel.

Lucy Mochi, Girthmasterr Star in Latest From Brazzers

Lucy Mochi stars with Brazzers exclusive Girthmasterr in the studio's latest release, "Too Many Rooms, Not Enough Cum."

FSC: TAKE IT DOWN Act Provisions Take Effect May 19

The Free Speech Coalition has issued a reminder notice that the notice-and-removal requirements of the federal TAKE IT DOWN Act will go into effect on May 19.

Show More