Home > News > U.S. Judge Won't Dismiss Stagliano Obscenity Case • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

U.S. Judge Won't Dismiss Stagliano Obscenity Case

U.S. Judge Won't Dismiss Stagliano Obscenity Case
Get XBIZ News
Dec 23, 2009 12:00 AM PST    Text size: 
WASHINGTON — A federal judge Tuesday said he won’t dismiss the Justice Department's case against John Stagliano, Evil Angel Productions and John Stagliano Inc., tossing the defense's argument that obscenity statutes are unconstitutional.

U.S. District Judge Richard Leon’s decision could lead to a trial as early as summer.

At the hearing Tuesday at U.S. District Court at the District of Columbia, Leon said he would consider allowing defense lawyers to file an immediate appeal of his decision to the U.S. Court of Appeals for the D.C. Circuit.

Leon called the obscenity charges an “overarching legal issue” that needs to be resolved one way or another.

He said that the federal obscenity statutes provided "sufficient guidance to Internet publishers" and that the right of two adults to have a consensual relationship was vastly different from the right to own an adult video.

"The liberty interest the defendants claim pales in comparison to the liberty interest announced in Lawrence [vs. Texas]," Leon said.

Stagliano's lawyers contend that the U.S. Supreme Court's decision in Lawrence vs. Texas, which found that state laws banning sodomy were unconstitutional, created a right to "sexual privacy," allowing individuals to own and distribute sexually explicit materials.

Stagliano lawyers said also said that by using the District of Columbia as a venue for an obscenity prosecution, the government chilled the rights of adult entertainment companies to copyright their work by making the Washington, D.C., juries the final arbritrator of what is obscene.

They also said that the standards set by federal obscenity laws are too vague.

Stagliano, Evil Angel Productions and John Stagliano Inc. were charged with seven counts in April 2008 of operating an obscenity distribution business and related offenses.

The charges stem from the mail and Internet distribution of two movies "Milk Nymphos," directed by Jay Sin; "Storm Squirters 2," directed by Joey Silvera; and a trailer from Belladonna's "Fetish Fanatic 5."

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

OPINIONS & VIEWS

Finding the Right Road to Success

Last month, I wrote about collaboration, surrounding yourself with good people and top-tier service providers and having an alliance group. In past articles, I have written about the “7 Ps”:... More »

Differences Between Static, Smart Links

Affiliate marketing, the concept of paying commission for referred business, was employed long before the internet. But just four years after the invention of the World Wide Web, it made the jump into... More »

How to Exploit Video Banner Advertising

The video banner ad format is becoming more and more popular with marketers. Online research company eMarketer states that in the U.S., by 2019 digital ad spending for video banners will rise to $6.82... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ Premiere magazine, the industry's leading adult retail trade publications, delivering the most timely and comprehensive business news and information to producers and retailers of adult products.

UPCOMING EVENTS

The European Summit

Mar 04 - Mar 07
Barcelona-Sitges, Spain

The TEA Show

Mar 05 - Mar 06
Hollywood, CA

Phoenix Forum 2017

Mar 23 - Mar 26
Tempe, Arizona

EXXXOTICA Denver

Mar 31 - Apr 02
Denver, CO.
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!