Friday, May 21, 2010    Text size: 

NEW YORK — Evil Angel owner John Stagliano appeared on the FOX Business Network's "Stossell" show last evening along with former judge and FOX news analyst Andrew Napolitano.

The brief interview focused on Stagliano’s obscenity indictment and the possibility of him facing 32 years in jail.

The issue of obscenity and 1st amendment rights was discussed with both Napolitano and Stagliano pointing out that individuals have the right to view what they please and that the definition of obscenity must be clearly defined before it can be decided upon.

John Stossel asked Stagliano why the government has singled him out. Stagliano said because he is a more mainstream pornographer, explaining that his content, although “fetishy,” is not nearly as extreme as other producers. And because his product sells very well.

Stossel noted Evil Angel’s “Milk Nymphos” title that is being considered as obscene and that Stagliano could face the 32 years in jail if it’s deemed so. Stagliano said, “There’s a decent chance” that he could serve the entire prison sentence.

Napolitano noted that the Constitution’s basic rule of law is the value judgment of the 1st Amendment — the individual decides, not the government — as to what it wants to view.

Stossel then noted the government’s vague community standards definition of obscenity. “It’s a bad law,” Napolitano said.

Stagliano noted that the definition doesn’t allow producers to know what obscenity really is and asked who decides what’s obscene? “You don’t know you're breaking the law in advance. It’s up to the jury after they see it to make the determination. Everyone is entitled to know in advance,” Stagliano said.

Stossel said the Justice Department would not comment on the show as it is not allowed to talk about a case in progress.

The interviewer then said that some people believe that porn harms people and causes rape.

Stagliano retorted that there’s no conclusive evidence to support that claim and if it were true we [as a society] would see more people committing rape because there’s more porn available than ever.

He added that in fact, there’s a preponderance of studies that suggests there’s a lot less rape because porn diffuses sexual tension.