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

Kasey Kei, Ameena Green Star in Latest From Evil Angel

Kasey Kei and Ameena Green star in a scene from Evil Angel.

Evil Angel Debuts Proxy Paige's 'All Aboard The Trans Express'

Evil Angel has released director Proxy Paige’s new title, “All Aboard The Trans Express.”

Brazil: New AV Requirements Set to Take Effect March 17

President Luiz Inácio Lula da Silva this week gave final approval to new regulations requiring adult websites to age-verify users located in Brazil starting March 17.

Angela White Leads Latest From Brazzers

Multi-XMAs winner Angela White stars with Victor Ray in the latest release from Brazzers, titled "BuZZed and Boned."

Ariel Demure, Lulu Chu Star in New Transfixed Release

Reigning and two-time XMAs Trans Performer of the Year Ariel Demure stars with Lulu Chu in the latest release from Transfixed, titled "A Matter of Principal."

Elizabeth Skylar, Isa Bella Topline 'Tempted by the Babysitter' From Sweetheart Video

Elizabeth Skylar and Isa Bella headline “Tempted by the Babysitter” from Mile High Media studio imprint Sweetheart Video.

Kira McKay Makes Her WIFEY Debut

Kira McKay stars with her husband Jerome and Dan Damage in the latest release from Vixen Media Group studio imprint WIFEY.

Calita Fire Toplines 'Swingers Resort' From Private

Calita First headlines the latest release from Private, titled “Swingers Resort.”

Octavia Red, Vince Karter Star in Latest From Elegant Angel

Recent XMA winners Octavia Red and Vince Karter star in the latest release from Elegant Angel, titled "Octavia Red Demure in Paris."

Ricky Johnson on Building His Enterprise One Sleepless Night at a Time

Ricky Johnson is always in motion. Even as he takes time out of his busy shooting schedule to chat with XBIZ, there’s restless energy behind the calm. This makes it easy to envision a younger version of Johnson, back when he arrived on the adult scene with no connections — but a great deal of persistence.

Show More