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

PASS Names 3 New Board Members

Performer Availability Screening Services (PASS) has named RubyLynne, Beth McKenna, and Kira Noir as new members of its board of directors.

Avery Lust, Ariel Demure Headlines 'TS Chronicles 2' From TransSensual

Avery Lust and reigning XMAs Trans Performer of the Year Ariel Demure topline “TS Chronicles 2” from Mile High Media studio imprint TransSensual.

Adriana Chechik Returns to Blacked Raw With Blake Blossom

Adriana Chechik and Blake Blossom star with Sheem in the latest release from Vixen Media Group (VMG) studio imprint Blacked Raw.

Rocco Siffredi Makes On-Camera Return, Launches New Creator Platform

and he’s doing it in a way that reflects both his legacy and the creator-driven landscape shaping today’s market. His latest endeavor is built entirely around collaborations, an approach he says immediately energized him and clarified what this new chapter should look like.

Reagan Foxx Leads 'The Substance' Parody From MYLF

2023 XMAs MILF Performer of the Year Reagan Foxx stars in MYLF's ‘The Substance’ parody, titled “A Sluttier Version of Yourself.”

Jessi Rae Makes Her Deeper Debut

Vixen Media Group (VMG) exclusive Jessi Rae has made her debut for the studio's imprint Deeper, alongside multi-XMAs winner Isiah Maxwell in “Key Mistress.”

Angela White Fronts Latest From Brazzers

Multi-XMAs winner Angela White stars with Scott Nails in the latest release from Brazzers, “Run Club Rules.”

Richard Mann Drops New Evil Angel Scene With Mercy Muse

Mercy Muse stars in a new Evil Angel scene alongside director/performer Richard Mann.

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.

Show More