Stagliano Attorneys: Miller Test Is Outdated for Online Adult

LOS ANGELES — John Stagliano’s attorneys have filed another motion to dismiss obscenity indictments against the Evil Angel owner and his companies, claiming that charges should be dropped because contemporary community standards are outdated and that the Miller requirement’s “as a whole” rule cannot be met for online content.

Stagliano’s counsel also said that prohibitions of transporting adult content, whether online or through common carrier, is an unconstitutional burden for the exercise of free speech.

Stagliano, Evil Angel Productions and John Stagliano Inc. were charged with seven federal counts of operating “an obscenity distribution business and related offenses in April. The charges stem from the mail and Internet distribution of two movies in the Washington, D.C., area.

The movies named in the indictment are "Milk Nymphos," directed by Jay Sin; "Storm Squirters 2," directed by Joey Silvera; and a trailer from Belladonna's "Fetish Fanatic 5."

Friday’s motion was in relation to the government’s opposition earlier submitted to the court.

Attorneys for Stagliano and his company — Robert Corn-Revere and Paul Cambria — said that the 1st Amendment prohibits “prosecution of Evil Angel Productions for use of an interactive computer service to distribute online communications because, unlike many offline publishers, Internet publishers cannot control the geographic reach of their communications.”

His counsel also said that 18 U.S.C. § 1465 and 47 U.S.C. § 223(d) are impermissibly overbroad because they employ Miller’s community standard element in the determination of whether certain Internet communications that are not geographically controlled are obscene.

They also said that the government’s stance as “taken as a whole” is unconstitutionally vague with respect to online communications. The Miller test requires that the material in question must be "the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest."

"We principally maintain that because 18 U.S.C. § 1465 and 47 U.S.C. § 223(d) allow the government to determine context on the Web at its convenience without sufficient notice to web publishers, the 'taken as a whole' elements of both statutes must be declared unconstitutionally vague," Paul J. Cambria, Jr. and Roger W. Wilcox Jr., two of the attorneys who represent Evil Angel, told XBIZ.

"Alternatively, our position is that the whole matter to be considered by the jury is the entire Evil Angel website, not just a tiny portion of it taken out of context,” Cambria and Wilcox said in a joint statement.

As for their last point on why the court should dismiss charges, Stagliano’s counsel said prohibitions of transporting adult content, regardless of means of transmission, is unconstitutional relative to free speech.

“Evil Angel Productions maintains that the 1st Amendment and the Due Process Clause protect defendant’s right to distribute obscene material to adults for viewing and use in private, particularly in light of Lawrence vs. Texas [which struck down sodomy laws], and the [5th U.S. Circuit Court of Appeal’s] more recent decision in ReliableConsultants Inc. vs. Earle, [relative to the sale of sex toys].”

Stagliano did not respond to XBIZ requests for comment.

View Document

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

Lily Starfire on Power, Pleasure, and Listening to Her Body

On any given day, you might easily pass Lily Starfire in a park or notice her picking out vegetables at the market, and never guess that she’s one of the adult industry’s rising stars. Not because she doesn’t look the part — she’s radiant — but because there’s zero diva energy here, just a young woman with an easygoing smile, a contagious laugh and a friendly aura that whispers “Georgia roots.”

Destiny James, Breezy Bri Headline 'Lesbian Step-Daughters 8'

Destiny James and Breezy Bri topline “Lesbian Step-Daughters 8” from Girlfriends Films.

Spicey AI Relaunches Site, Debuts $Spicey Tokens

Interactive voice chat platform Spicey AI has relaunched its website and introduced $Spicey tokens.

Liz Jordan, Sarah Illustrates Star in 3rd Installment of Blacked Feature 'The Blueprint'

Liz Jordan stars with Vixen Media Group exclusives Sarah Illustrates and Jason Luv in the third installment of studio imprint Blacked's new feature, "The Blueprint."

FSC: Missouri Age Verification Rule Will Not Take Effect August 30

The Free Speech Coalition (FSC) announced that Missouri's proposed age verification legislation will not take effect on August 30, as it had originally estimated.

Little Caprice, Marcello Bravo to Co-Host 2025 XMA Europa Awards

XBIZ is pleased to announce that husband-and-wife duo Little Caprice and Marcello Bravo will co-host adult’s biggest night in Europe: the 2025 XMA Europa Awards on Sept. 4, in the epic climax to XBIZ’s fall events series.

TEAs Reveal 2026 Event Dates

The 2026 Trans Erotica Awards (TEAs) and related festivities will take place March 6-8 at Avalon in Hollywood, organizers have announced.

Germany Will Block Payments to AV-Noncompliant Adult Sites as of Dec. 1

Starting Dec. 1, Germany will implement new rules prohibiting financial institutions from providing payment services to adult sites deemed to have inadequate age verification systems and making it easier for the government to target websites mirroring the content of such sites.

Jerkmate Joins Pineapple Support as Partner-Level Sponsor

Jerkmate has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Elly Clutch Leads Latest From Brazzers

2024 XMAs Female Clip Creator of the Year Elly Clutch stars with Mick Blue in the latest scene from Brazzers, titled “Co-Anchors With Benefits.”

Show More