U.S. Judge Won't Dismiss Stagliano Obscenity Case

WASHINGTON — A federal judge Tuesday said he won’t dismiss the Justice Department's case against John Stagliano, Evil Angel Productions and John Stagliano Inc., tossing the defense's argument that obscenity statutes are unconstitutional.

U.S. District Judge Richard Leon’s decision could lead to a trial as early as summer.

At the hearing Tuesday at U.S. District Court at the District of Columbia, Leon said he would consider allowing defense lawyers to file an immediate appeal of his decision to the U.S. Court of Appeals for the D.C. Circuit.

Leon called the obscenity charges an “overarching legal issue” that needs to be resolved one way or another.

He said that the federal obscenity statutes provided "sufficient guidance to Internet publishers" and that the right of two adults to have a consensual relationship was vastly different from the right to own an adult video.

"The liberty interest the defendants claim pales in comparison to the liberty interest announced in Lawrence [vs. Texas]," Leon said.

Stagliano's lawyers contend that the U.S. Supreme Court's decision in Lawrence vs. Texas, which found that state laws banning sodomy were unconstitutional, created a right to "sexual privacy," allowing individuals to own and distribute sexually explicit materials.

Stagliano lawyers said also said that by using the District of Columbia as a venue for an obscenity prosecution, the government chilled the rights of adult entertainment companies to copyright their work by making the Washington, D.C., juries the final arbritrator of what is obscene.

They also said that the standards set by federal obscenity laws are too vague.

Stagliano, Evil Angel Productions and John Stagliano Inc. were charged with seven counts in April 2008 of operating an obscenity distribution business and related offenses.

The charges stem from the mail and Internet distribution of two movies "Milk Nymphos," directed by Jay Sin; "Storm Squirters 2," directed by Joey Silvera; and a trailer from Belladonna's "Fetish Fanatic 5."

Related:  

Copyright © 2026 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

2026 XBIZ LA Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for the XBIZ 2026 conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Grooby Kicks Off 30th Anniversary With Aubrey Kate Return

Two-time XMAs Trans Performer of the Year Aubrey Kate returns to Grooby for the first time since 2017, starring alongside Chris Epic to mark the commencement of the studio’s 30th anniversary year.

Octavia Red Stars in 'No Need for Men' From Futanari XXX

Octavia Red stars with Ava Amira in “No Need for Men Pt. 1,” from Futanari XXX, directed by studio honcho Romero.

Sofie Marie Fronts Latest From MYLF

Sofie Marie stars with Gunnar Bishop in the latest release from MYLF.

Penny Barber Stars in Latest Episode of 'Mommy's Boy'

Reigning XMAs MILF Performer of the Year Penny Barber stars with Emma Rosie and Axel Haze in the latest episode of Adult Time series “Mommy’s Boy,” titled “A Family That Nudes Together, Stays Together.”

Utah State Legislator Proposes New 'Porn Tax'

A Utah state senator introduced a bill on Monday that would impose a 7% tax on the gross receipts of adult websites doing business in that state, plus require adult sites to pay an annual $500 fee.

'Fan Fav' XMA Award Categories to Be Presented at X3 Expo

In a move sure to electrify fans and creators alike, fan passion will take center stage Saturday, Jan. 17, when the winners of the 2026 XMA Fan Favorite categories are revealed, transforming the closing night of X3 Expo into the event’s most buzzworthy moment.

Sophia Locke, Max Fills Star in Latest From New Sensations

Sophia Locke and multi-XMAs winner Max Fills star in the latest release from New Sensations.

Angel Windell, Cherry Candle Topline Latest 'Lesbian Love Stories'

Angel Windell and Cherry Candle headline the 11th volume of "Lesbian Love Stories" from Girlfriends Films.

Leana Lovings Fronts Latest From Pure Taboo

Leana Lovings stars with Jason Sarcinelli in the latest release from Pure Taboo, titled "His Charitable Act."

Show More