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

NEWS STORY

Federal Judge Won't Dismiss Stagliano Obscenity Case

Federal Judge Won't Dismiss Stagliano Obscenity Case
Get XBIZ News
Feb 22, 2010 9:45 AM PST    Text size: 
WASHINGTON — A federal judge again has refused to dismiss obscenity charges against John Stagliano and his two production companies, Evil Angel Productions Inc. and John Stagliano Inc.

U.S. District Judge Richard Leon, in a memorandum opinion Friday, rejected their claim that federal obscenity laws are unconstitutional, saying that obscene material is not protected by the 1st Amendment.

"Having considered the defendants' overbreath of arguments, I am not convinced that such strong medicine is warranted in this case," Leon said. "Nor am I convinced that the federal obscenity statutes are unconstitutionally vague as applied to Internet speech.

"Finally, I reject the defendants' most sweeping claim — that the entire indictment is void because recent developments in Supreme Court case law guarantees the right to produce and distribute obscenity."

Stagliano and his companies were indicted on seven counts for illegal possession, distribution and sale of the obscene materials, but they claim that federal laws criminalizing the interstate trafficking of obscenity are unconstitutional.

FBI agents used the defendants' website to order two films, "Milk Nymphos" and "Storm Squirters 2 'Target Practice.'" An FBI agent in Washington also downloaded a free trailer called "Fetish Fanatic Chapter 5."

But, in an important notation, Leon said said he is certain that the online material will be judged "as a whole" and not individually according to obscenity laws, eliminating Stagliano's concerns that the trailer would be taken out of context.

With the ruling, federal prosecutors will have to show that the trailer is obscene in the context of the web page, Leon said.

But Leon rejected Stagliano's claim of a right to sexual privacy, saying such a right does not cover the distribution of obscene materials.

He said the producers' case "pales in comparison" and "does not even remotely approach" the sexual privacy cases concerning homosexual rights and rights to obtain birth control.

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 !

BUSINESS ANALYSIS

Camming Issue: An Evolving Business

One of the most visual examples of the growing maturity and success of today’s live webcam industry is found in the emergence of professional cam studios. These facilities evolved from simple locations... More »

Camming Issue: Models vs. Affiliates

One of the most contentious conversations among cam models today involves affiliate promotions that include unauthorized photos or videos of the models. This isn’t a matter of a model’s, network’s,... More »

Camming Issue: Profits on Rise for Performers

It’s been 20 years since JenniCam rocked the infant internet with the first adult-oriented live cam shows, revealing the intimate details of this groundbreaking cam performer’s daily life —... 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 World magazine, the industry's leading e-commerce trade publication, delivering in-depth coverage of the online, mobile and ancillary digital markets.

UPCOMING EVENTS

XBIZ 2017

Jan 09 - Jan 13
Hollywood, CA

XBIZ Awards 2017

Jan 12 - Jan 12
Los Angeles, CA

ANME Founders Show

Jan 14 - Jan 15
Los Angeles Marriott Burbank Airport

Everything To Do With Sex Show

Jan 20 - Jan 22
Montréal, Québec
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!