Stagliano Attorneys: Miller Test Is Outdated for Online Adult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Angel owner and his companies, claiming that charges should be dropped because contemporary community standards are outdated and that the Miller requirement’s “as a whole” rule cannot be met for online content.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

Clémence Audiard on Blending Gonzo With High-Style Eroticism

There's an unmistakable radiance that surrounds Clémence Audiard — a glow born of the power to manifest her own vision. With Clemence Crave, her self-funded and self-directed production house, Audiard has sculpted a universe entirely her own.

Tennessee Governor Signs Bill Requiring Warnings on Adult Stores

Governor Bill Lee on Tuesday signed into law a bill requiring adult stores, theaters and other establishments in Tennessee to post warning signs cautioning patrons that they “may be contributing” to sexual assault and human trafficking.

Kickstarter Revokes New Rules Banning Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter announced Tuesday that it has reversed its recent decision to impose new “Mature Content” rules banning projects that involve adult content and sextech.

Sofie Marie Makes Her WIFEY Debut

Sofie Marie stars with her husband Spike, Dan Damage, and Isiah Maxwell in the latest release from Vixen Media Group studio imprint WIFEY.

Elegant Angel Debuts James Avalon Drama 'Summer & Joy'

Elegant Angel has released the first installment of the James Avalon-helmed drama "Summer & Joy."

Octavia Red Stars in 'Lipstick on the Glass' From Deeper

Reigning XMAs Girl/Girl Performer of the Year Octavia Red stars with Ashley Lane and Mannie Coco in "Lipstick on the Glass," from Vixen Media Group studio imprint Deeper.

Report: Irish Justice Minister Seeks UK-Style Ban on 'Extreme' Content

Ireland’s justice minister plans to introduce legislation criminalizing possession and distribution of “extreme” pornography, according to a report by the Irish Independent.

Lucy Mochi Makes Her Blacked Debut

Lucy Mochi has made her debut for Vixen Media Group (VMG) studio imprint Blacked, alongside Hollywood Cash, in the studio’s latest release.

Gia Derza Toplines Latest Volume of Pat Myne's 'Gape For Days'

Gia Derza headlines director Pat Myne's "Gape For Days 6," from Evil Angel.

Lovita Fate, Betzz Lead Latest From Immoral Productions

Lovita Fate and Betzz star in a new Immoral Productions trilogy alongside Matt Bird, Rob Hudson, and studio honcho “Porno Dan” Leal.

Show More