Home > News > Day 1: Stagliano Debates McDonald in L.A. Times • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

Day 1: Stagliano Debates McDonald in L.A. Times

"If no one is harmed by this stuff and someone wants it, who is the government to say that he or she can't have it?" McDonald asked
Day 1: Stagliano Debates McDonald in L.A. Times
Get XBIZ News
Jun 30, 2008 7:00 PM PDT    Text size: 
LOS ANGELES — Embattled adult producer John Stagliano has been asked to debate the question of obscenity with Pepperdine University law professor Barry McDonald in a series of articles that appear in the Los Angeles Times’ “Dust-Up” column in the Opinion section of the newspaper.

The series began today, with the focus on what is protected by obscenity laws.

Stagliano, founder of production company Evil Angel, was charged with seven counts of obscenity in April, for videos distributed by the company.

McDonald, who was on “point” today, explained his view that the scope of current obscenity laws is “narrow,” as defined by the Miller vs. California decision handed down in 1973, and outlaws only the most extreme content involving bestiality, sex acts involving excretion, sex with corpses, incest and forced sex.

However, he argued that though such extreme content might be created by consenting adults in a safe environment and then viewed by consenting adults, that there still might be harmful affects in the production and consumption of extreme pornography, and for that reason, concerns over the affects of pornographic content legitimized the government’s regulation of pornography.

McDonald also asserted that obscenity laws had been put in place to protect minors and unwilling adults from exposure to such materials. He also questioned whether adult producers did not bear responsibility to “adhere to some minimal standards of public decency to avoid the proliferation of cable channels, movie houses, adult bookstores or websites hawking this stuff and its inevitable tainting (some may say further deterioration) of the public square and consciousness?”

Stagliano took a more personal perspective, in light of his current legal issues, as well as his own view of sexuality as an individual.

“I do not think like you, Barry,” Stagliano wrote. “I believe that my sexuality should not be defined and judged by the words of the Miller decision.”

The director went on to point out that the government’s attempts to police the thoughts and expressions of individuals by applying community standards was an example of the Supreme Court caving in to societal pressures to protect the community and not the individual.

Stagliano also asked if it was “right or ethical” for the will of the people to be imposed on an individual, simply because the person might have a different definition of obscenity. In summation, Stagliano pointed out that he was up against a potential sentence of 39 years in jail, based on the difference between what he finds sexually acceptable and what might be defined as obscene or immoral.

“To a community, something may be ‘morbid,’ but to me, an individual in that community, it is not,” Stagliano countered. “To me, the pleasure I get from viewing such material is simply a wonderful expression of my biological nature.”

The debate between Stagliano and McDonald will continue through Friday. To view the complete column, click here.

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 !

LEGAL PERSPECTIVES

The Skinny on the New DMCA Requirement

The requirements under the Digital Millennium Copyright Act (DMCA) have changed, but the sky is not falling. We have, even as a law firm, been hit with an unbelievable amount of spam sent out by law firms... More »

2017 Outlook: Legal Matters Around the Corner

The adult entertainment business’ legal community recently weighed in the top issues that companies and the industry, as a whole, should be concerned about. XBIZ asked industry attorneys to discuss... More »

Fraudulent Brazilian Trademark Registrations Running Rampant

Although you might not think often about protecting your trademark rights in Brazil, you need to — even if you don’t yet have a single Brazilian customer. Scammers are constantly looking for... 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.
Access the latest issues of the industry's leading trade publications in digital form. View online or download for offline viewing.

UPCOMING EVENTS

EXXXOTICA Denver

Mar 31 - Apr 02
Denver, CO.

Eurowebtainment 2017

May 17 - May 20
Majorca, Spain

XBIZ Retreat

May 30 - Jun 03
Miami, Florida

XBIZ Miami 2017

May 30 - Jun 02
Miami, Florida
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!