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

AV Bulletin: Canada, Italy, Australia Updates

Since the Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Lady Gang Performs Final Scene for Immoral

Lady Gang stars in a new trilogy from Immoral Productions, alongside Matt Bird, Charlie Dean, and site honcho “Porno Dan” Leal.

Kasey Kei Leads Latest From TransSensual

Kasey Kei stars with Avery Lust and Nicole Vaunt in the latest scene from Mile High Media studio imprint TransSensual, titled “Succubus Séance.”

Virginia 'Porn Tax' Bill Delayed Until 2027

A Virginia House of Delegates subcommittee on Monday voted to postpone until next year consideration of a bill that would impose a 10% tax on the gross receipts of adult websites doing business in that state.

Adriana Chechik Returns to Tushy

Adriana Chechik stars with Dan Damage in the latest release from Vixen Media Group (VMG) studio imprint Tushy.

Yhivi Fronts New Brazzers Release

Yhivi stars with multi-XMA winners Mick Blue and Isiah Maxwell in a new release from Brazzers, titled "Immoral Yhivi."

Vixen Media Group Extends Exclusive Contract With Jason Luv

Vixen Media Group (VMG) has renewed its exclusive contract with Jason Luv.

Brazzers Premieres Limited Series 'Sleazy Rider'

Brazzers has released the first installment of its new limited series, "Sleazy Rider."

Sarah Arabic Stars in Latest From Brazzers

Sarah Arabic stars with Will Pounder in the latest release from Brazzers, titled “Shirtcocking for the Win.”

Evil Angel Debuts Pat Myne's 'Who Does It Better?'

Evil Angel has released director Pat Myne’s new title, “Who Does It Better?”

Show More