Stagliano, McDonald Discuss Kozinski 'Kerfuffle'

LOS ANGELES — In the ongoing "Dust-Up" between adult producer John Stagliano and Pepperdine law professor Barry McDonald in the Los Angeles Times' Opinion section, the topic Tuesday involved what the Times called the "kerfuffle" over Judge Alex Kozinski, his website, his recusal from the Ira Isaacs obscenity case, and what that might suggest about legal objectivity and popular ideas about porn.

In his remarks, Stagliano asked "What makes porn uniquely unacceptable?" Framing the question as a difference between those who accept pornography and those who disdain it, Stagliano said, "It would have been so refreshing if Kozinski had said, 'Yeah, I like to look at a racy pictures sometimes; so what? Mind your own business.' But that would be asking too much of a public figure."

Stagliano continued by pointing out that public opinion turned against Kozinski as soon as it was known that he "[had] any interest in this vile thing known as porn" and asked rhetorically if a judge who raced cars as a hobby could serve in traffic court.

McDonald followed Stagliano's remarks by observing "when something happens that would give a person sufficient reason to question the impartiality of a judge in a case, that judge is obligated to recuse herself or himself. This standard not only looks to whether the judge would actually be biased in a case but also whether an incident might create an appearance of bias to a reasonable person regardless of whether or not the judge was actually biased."

Praising Kozinski for his recusal, McDonald cited Kozinski's "long, distinguished career [as a] very able jurist" and observes that because Kozinski could be perceived to have prejudice in an obscenity case, he did the right thing to recuse himself.

"Thus — and I'm sorry to say, John — all of your musings regarding the sexual rights of public officials are largely irrelevant to the recusal question," McDonald wrote.

McDonald followed that the problem of obscenity enforcement lies with Supreme Court standards that posit "pornography so lewd and offensive that it is obscene deserves no 1st Amendment protection," suggesting that the problem with judicial objectivity about porn may be based on such Supreme Court rulings.

The series, which will continue through Thursday, can be read on the Los Angeles Times website.

Related:  

Copyright © 2025 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

House of Lords Approves UK Plan to Outlaw 'Choking' Content

The House of Lords, the U.K.’s upper house of Parliament, has agreed to amendments to the pending Crime and Policing Bill that would make depicting “choking” in pornography illegal and designate it a “priority offense” under the Online Safety Act.

Indiana Sues Aylo Over AV, Calls IP Address Blocking 'Insufficient'

Indiana Attorney General Todd Rokita has filed a lawsuit against Aylo, alleging that the company and its affiliates have violated both Indiana’s age verification law and the state’s Deceptive Consumer Sales Act.

Liz Jordan on Creative Confidence and Earning Her Vixen Angel Wings

On the first day of COVID lockdowns, Liz Jordan got temporarily laid off from her job at Pressed Juicery. While waiting to get called back to work, she decided to launch a casual side hustle.

Leilani Li Stars in New Scene From Black-TGirls

Leilani Li stars in a new solo scene for Black-TGirls, titled “I Heart Leilani Li.”

Ana Foxxx, Kimmy Kimm Front Latest From Girlsway

Multi-XMAs winner Ana Foxxx and Kimmy Kimm star in the latest Girlsway release, titled “A Quickie Divorce.”

Suki Sin Leads Latest From TeamSkeet

Suki Sin stars with Nikki Nicole and Juan Largo in a new scene for TeamSkeet’s “Shoplyfter” series.

House Committee Amends, Advances Federal AV Bill

A U.S. House of Representatives subcommittee voted Thursday to amend the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law, and to advance the bill for review by the full Committee on Energy and Commerce.

Sarah Arabic Stars in Latest From Brazzers

Sarah Arabic stars with Scott Nails in the latest release from Brazzers, “Anal Doesn’t Count.”

Emma Rosie, Girthmasterr Front Latest From Brazzers

Emma Rosie stars with Brazzers exclusive Girthmasterr in the studio’s latest release, titled "Emma Wants to Meet the Masterr."

Lilly Bell Stars in New Sci-Fi Feature 'Prompt'

Reigning XMAs Girl/Girl Performer of the Year Lilly Bell stars in the new sci-fi feature “Prompt,” from Full Moon Features.

Show More